Smithers v. YCC No. 60 [Divisional Court] [Also summarized in Part 2 of Condo Cases Across Canada]

The lower Court held that all payments to Directors (even payments made to the Directors “as officers”) must be authorized by a by-law.  [See Condo Cases Across Canada – Part No. 12] 

On appeal, the Divisional Court held that the Condominium Act “permits the Board to remunerate an officer or an agent without a by-law”.  The Divisional Court said, however, that the Board must make very clear the capacity (director or officer or agent) in which the remuneration is being paid and received.