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Sep 16, 2011

Metropolitan Toronto Condominium Corporation No. 1352 v. Newport Beach Development Inc.

Irving Marks represented the developer of a high-rise residential condominium in a claim by a condominium corporation alleging deficiencies in common elements. After the condominium corporation's claim was denied by the Ontario New Home Warranties Program (ONHWP), the condominium corporation appealed to the License Appeal Tribunal (LAT), but then withdrew the appeal on the eve of the LAT hearing. Subsequently, the condominium Corporation commenced a civil action for the same claim. We took the position that the action should be stayed as an abuse of process.

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