Part 35 published on 01/09/11
Court agrees to appoint administrator, but prefers to appoint administrator suggested by group of owners rather than re-appointing interim administrator
The condominium corporation applied for the continuation of the appointment of the administrator that had been appointed by interim order.
The Court agreed to the appointment of an administrator, for the following reasons:
(a) There’s a strong, even sometimes bordering on violent, struggle within the corporation among competing groups such as to impede or prevent the proper governance of the corporation.
(b) In my view, only the appointment of an independent Administrator has any reasonable prospect of bringing the affairs of the corporation to order.
However, the Court decided to appoint a new administrator requested by a group of responding owners. The Court felt that “re-appointing (the interim administrator) in this highly divisive atmosphere would be counter-productive, and thus not in the best interests of the owners”.