Part 38 published on 01/05/12
Court orders appointment of investigator
The Court ordered the appointment of an investigator pursuant to Section 67 of the Condominium Property Act, after finding that there was “ample evidence of ‘improper conduct’ as defined by section 67 (1) (a) arising from the noncompliance of the Act, and bylaws of the Condo Corp.”. The Master said that the condominium corporation was “dysfunctional and unable to comply with the duties and responsibilities under the Act”. The Master also said: “In making this determination, I have not determined nor must I determine that the misconduct is otherwise malafides but only that the actions caused the result constituting improper conduct as defined by the Act.”
The Master also said that this was the first reported decision respecting the appointment of an investigator pursuant to Section 67 of the Act.