York Condominium Corp. No. 414 v. Unit Owners and Mortgagees of York Condominium Corp. No. 414 (Ontario Superior Court of Justice)

The condominium corporation applied for an order restraining the holding of a requisitioned meeting of the owners until the application for the appointment of an administrator had been dealt with.  The Court granted the application.  The Court said that the situation at the condominium corporation was “grave”.  The Court noted that there is a history of discord among various factions of the unit owners.  The Court concluded that consideration of the appointment of an administrator is a genuine and serious issue for the unit owners in the condominium.  The Court said that the requisitioned meeting to elect a new Board of Directors “would serve to increase the existing instability and in all likelihood inflame the situation”.  The Court therefore granted the injunction to prevent the meeting from proceeding.  The Court said: 

“I am satisfied that the moving party has met the 3 prong test which has been articulated by the Supreme Court of Canada for the granting of an injunction:  there is a serious question to be tried; there will be irreparable harm if the injunction is not granted; and the balance of convenience favours the granting of an injunction.”