16/05/13 – Jurisdiction Ontario
Part 23 published on 01/09/08
Appeal dismissed – Commercial owners improperly removed from Board.
Part 23 published on 01/09/08
Appeal dismissed – Commercial owners improperly removed from Board.
The lower Court judge found that commercial unit owners had been unfairly removed from the Board. [See Condo Cases Across Canada – Part 20, November 2007.]
On appeal, the decision was upheld. However, the Court of Appeal did make the following change to the decision of the lower Court: The Court of Appeal said that the corporation’s by-law (respecting composition of the Board) could not be enforced. Instead, the Court of Appeal ordered that the by-law be amended to provide for a five-member Board, comprised of the following: two residential unit owners, two commercial unit owners (all four elected by majority vote of all unit owners) and a fifth member elected in the manner set out in the by-law.