10/07/13 – Jurisdiction Ontario
Part 35 published on 01/09/11
When the powers of the Board have been transferred to an Administrator, there can be no Board elections without Court approval
Part 35 published on 01/09/11
When the powers of the Board have been transferred to an Administrator, there can be no Board elections without Court approval
The Court provided direction on various matters related to the appointment of an Administrator. The directions included the following:
- When the Board’s power and authority have been transferred (by Court order) to an administrator, there should be no elections held without Court approval;
- At the same time, the Court welcomes feedback from the owners about whether or not they would like to see the administration terminated. Still, the views of the owners are not determinative because their interests are not the only interests at stake.
The Court expressed its intention to provide direction for the holding of a referendum to obtain the views of the owners on possible termination of the Administrator’s appointment. But the Court requested certain submissions from the parties before the Court would provide those directions.