01/10/2021 – Jurisdiction Ontario
Part 76 published on 01/12/2021
No oppression in relation to window issues
The owner claimed that the condominium corporation had not taken reasonable steps to address his complaints about his window. He sued the condominium corporation, and the condominium’s directors, for oppression. The Court dismissed the claims. The Court said:
The condominium corporation has an economically responsible and sensible window replacement policy. It inspected Mr. Berman’s window multiple times over the years. It did not ignore him or his unit.
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The Supreme Court of Canada made it clear that to support an oppression claim against a director personally, there generally must be something like personal benefit obtained by the director or bad faith. Neither is even claimed here.