Part 11 published on 01/08/05
Court refuses to deal with “internal matter”
The Condominium Corporation commenced a Court action against one of the Directors, Janice Anders, for alleged “improper conduct” on her part. The Condominium Corporation sought an order for various relief, including the following:
i) An order directing that the Respondent, Janice Anders, cease and desist conducting herself improperly;
ii) An order removing the Respondent Janice Anders from the Board;
iii) An order preventing a scheduled meeting of the owners from taking place.
The Court considered this to be an “internal matter” which should be resolved at a meeting of the owners of the condominium. The Court said that “there is no need to seek court intervention to resolve what is clearly an internal matter. The application before the court is ill conceived. The Court is not prepared to intervene.”
The court also said that Ms. Anders should not have been put to the cost of retaining legal counsel to respond to the Court application. The Condominium Corporation was ordered to pay her costs on a full indemnity basis.