16/07/13 – Jurisdiction Ontario
Part 42 published on 01/05/13
Small Claims Court does not have jurisdiction to review the decision of the Board to levy special assessment
Part 42 published on 01/05/13
Small Claims Court does not have jurisdiction to review the decision of the Board to levy special assessment
The plaintiff, Roy, sought reimbursement of a portion of a special assessment payable by all unit owners. The portion in question was for legal fees paid by the Syndicate. Roy argued that the Board of Directors did not have the authority to levy a special assessment for those costs.
The Court declined jurisdiction to decide the case on the basis that the Small Claims Court did not have the authority to review the decision of the Board of Directors. In pronouncing its decision, the Court did confirm that the decision to levy the assessment rested with the Board of Directors.