04/01/2021 – Jurisdiction Ontario
Part 73 published on 01/03/2021
Court refuses leave to appeal Arbitration Award. Corporation’s Rule prohibiting cannabis sales upheld
The Corporation had passed a Rule prohibiting use of the units for the sale of cannabis products. One of the owners, and the owner’s tenant, asserted that the Rule was inconsistent with the Declaration (which only required that the units be used for industrial purposes permitted by the applicable zoning).
The dispute resulted in an arbitration. The arbitrator upheld the Rule. In doing so, the arbitrator held that the Rule was not inconsistent with the Declaration. The owner and tenant sought leave to appeal the Arbitration award. The Court refused the requested leave for appeal.
https://www.canlii.org/en/on/onsc/doc/2021/2021onsc21/2021onsc21.pdf