Having a lien placed on your condo unit is stressful

Civil litigation is also stressful and it can be very expensive.

Ontario Superior Court of Justice
TSCC 1466 v. Weinstein, 2020 ONSC 5269
Court File No: CV-20-636863
Before: Justice F.L. Myers
Read: 02 September 2020

Mr. Weinstein’s request that that under Rule 2.1.01, the court may dismiss a proceeding that appears on its face to be frivolous, vexatious, or an abuse of process was dismissed.

TSCC No. 1466 has applied to enforce an arbitration award it obtained against Mr. Weinstein that requires Mr. Weinstein to allow the condo corporation’s repair people into his unit to replace defective plumbing that was installed when the building was first built. Mr. Weinstein also has to pay costs to the condo corporation of $60,559.

Mr. Weinstein claims that the arbitration was illegal and unfair. In addition, he objects to a lien that the condominium corporation has registered against his unit for approximately $62,000 in relation to the unpaid costs award.

self-represented

Mr. Weinstein is self-represented. Justice Myers suggested that he should retain a lawyer to review his legal arguments to help him ensure that they are sound.

Stress

“I appreciate that Mr. Weinstein says that the existence of a lien on his unit in relation to the costs that he has been ordered to pay is very stressful for him.

Civil litigation is indeed stressful. Costs, delay, and the foreboding of legal jeopardy all cause distress for most people. That is among the reasons that parties are routinely urged to try to resolve their civil disputes consensually. Civil litigants always make cost/benefit analyses in continuing to litigate. Stress is a very important factor on the costs side of that equation. If the costs of continuing the litigation exceed the benefit, it is simple self-interest to find a way to end the case consensually.”
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“Take the Advice of some Prudent Friend; for he who will be his own Counsellour, shall be sure to have a Fool for his Client.”
—William De Britaine 1682

Mr. Weinstein needs to consult with a lawyer that is experienced in condominium law and I believe that he should do so with great speed. It is important to stop the financial bleeding.

If I read this properly, he will have to pay to have the corporation’s plumbers come in to do the repairs in his unit, he has to pay to remove the lien on his unit and he will have additional legal costs to pay.
—H. Marshall