Part 3 published on 01/08/03
Change of Television Service
The condominium corporation entered into a new contract with Bell Express Vu for provision of television services to the building. The previous contract with Rogers Cable was terminated.
Before entering into the Bell Express Vu contract, the condominium corporation provided notice to all owners in accordance with section 97(3) of the Condominium Act and an owners’ meeting was held to discuss the matter.
Certain owners applied for an order to prevent the move from Rogers Cable to Bell Express Vu. They argued that the corporation had not followed the required procedures in sections 21, 22, 97 (3) or (4) of Ontario’s Condominium Act.
The applicants sought an interlocutory injunction to stop the “switch”, pending a hearing of the application.
The court agreed that there were serious issues to be determined, but refused to grant the interlocutory injunction. The court did not see any risk of “irreparable harm” to the applicants because of the switch and also concluded that the balance of convenience favoured the condominium corporation. The court therefore decided that no injunction should be ordered before the full hearing of the application.