A decision was released today from the Court of Appeal regarding another shared facilities dispute. At trial, the appealing party was found liable for a portion of the expenses incurred to maintain a shared sanitary sewer pumping station.
The facts can be briefly summarized as follows. MCC229 is a condominium in London. It was built on the same parcel as three other condominiums (MCC282, 392, and 500) that are now owned by WMJO. The City requires that the sewage from all four condominiums be pumped uphill to connect to the City service. Since the time that MCC229 was created in 1991, it has managed and operated the pumping station for all of the condominiums. In keeping with a Joint Use Agreement, WMJO contributed its proportionate share of the costs for the pumping station for more than ten years. It stopped making payments in 2006 when it took the position that it had no obligation to contribute toward the costs.