934859 Alberta Inc. v. Condominium Corporation No. 0312180 (Court of Queen's Bench of Alberta)

The lower Court (Master) had determined that the condominium corporation had failed to allocate expenses fairly [see Condo Cases Across Canada, Part 16, November 2006].  The condominium corporation appealed the Master’s order, and was successful on appeal.  The appeal judge concluded as follows: 

• “I note that the hearing before me is a de novo hearing.  The evidence on which the learned Master relied for his decision was, in my view, incomplete and in respect of some material and important aspects incorrect.  Substantially more information and evidence has been placed before me.  As well, the submissions of Condo Corp. were more expansive and not substantially limited to a jurisdictional question.”
• “A review of the cases submitted indicates that a Court should defer to elected boards as a matter of general application… a Court should not lightly interfere in the decision of the democratically elected board of directors, acting within its jurisdiction, and substitute its opinion about the propriety of the board of director’s opinion unless the board’s decision is clearly oppressive, unreasonable and contrary to legislation.” 
• “… the evidence does not establish or demonstrate that there has been any improper conduct on the part of Condo Corp. or the board of directors.  In my view neither the Condo Corp. nor the board of directors have unfairly disregarded the interests of 934859.  Nor have they conducted the business affairs or exercised powers in a manner that was oppressive or unfairly prejudicial to 934859 or to the other first floor owners.  In the result, the application of Condo Corp. is granted and the order of the learned Master is set aside.”