Part 8 published on 01/11/04
Condominium Corporation’s refusal of propane fireplace upheld
The owner installed a propane fireplace without consent of the Board.
The owner asserted that there was no reason to refuse consent and that the Board’s refusal was accordingly improper.
The Court said that the Board’s decision should not be overturned. The Court said:
“I do not think it should be the function of the court to usurp the function of the board and become ultimately responsible for the management of the corporation.”
“If the board acts within its jurisdiction or authority conferred by the legislation, its decision should be respected unless it can be shown to be in violation of a Charter right, contrary to fundamental justice or patently unreasonable.”
The Court did not see any evidence that the Board had acted in a patently unreasonable manner.
“Here, there was a factual basis for the board to come to the decision it came to*. Another board, or indeed a court, might not have come to the same decision.”
[* NOTE: There was evidence that the presence of the propane fireplace might have an impact upon the corporation’s future insurance premiums.]
“Even though I might not have come to the same decision, I do not find the board acted outside (its) mandate.”