Mr. Avery, a smoker, purchased a unit in a condominium building where smoking was allowed and then moved into the unit. All was fine for

Mr. Avery, a smoker, purchased a unit in a condominium building where smoking was allowed and then moved into the unit. All was fine for a few years. When complaints surfaced, the Condominium Corporation’s lawyer sent a compliance letter demanding that Mr. Avery immediately stop smoking in the unit. The corporation then sought the cost of this letter (some $863). Despite attempts by Mr. Avery to meet and find a solution, the Corporation began costly aggressive litigation. For months, it refused to explore practical solutions (even though some had worked in the past) and refused to even meet with Mr. Avery, despite the corporation’s governing documents requiring good faith negotiation. The Corporation incurred $25,000 in legal fees, which it sought against Mr. Avery through the registration of a lien and a power of sale. The vast majority of these fees were incurred after Mr. Avery moved out temporarily in an attempt to resolve the dispute. Mr. Avery brought a court application to prevent the sale of his unit. If you were the judge, how would you decide?