Karen Phung, a litigator with Miller Thomson LLP, succeeded in
Court on behalf of MTCC 659 in the corporation's claim against
a unit owner for over $19,000 in unpaid water bills. The defendant
unit owner ran a legal marijuana grow operation out of his unit and
used 20 times more water than the average unit in the condominium
(as confirmed by separate metering). The unit owner claimed that he
produced marijuana for his personal use only, and therefore his use
of water to run the grow-op was also personal.
MTCC 659's Declaration provides that the corporation is
responsible for paying for water usage, except for commercial
/industrial use. Although the unit owner argued that his water
usage was personal, the Court found him liable to pay all of the
excessive water bills that were attributable to his unit. This is
because the personal use contemplated by his government-issued
production license (which is directed at marijuana producers) is
not the same
personal use of water contemplated by MTCC 659's Declaration.
As such it would be unfair and disproportionate for the other unit
owners of MTCC 659 to bear the cost of the defendant's water
usage.
The Court awarded MTCC 659 the full amount of its claim and the
maximum amount of costs allowable. Check out the decision here:
Metropolitan Toronto Condominium Corporation No. 659 v. Chris
Truman, [2015] O.J. No. 4500 (Small Claims Ct.).
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