Part 56 published on 01/11/16
Court dismisses motion to appoint administrator
The condominium corporation asserted a claim against the commercial owner for unjust enrichment and/or breach of the Condominium Act and/or the corporation’s Declaration. The commercial owner had counter-claimed against the condominium corporation for various relief.
The major issues were hydro accounts paid by the condominium corporation and the cost of window replacements.
Some of the issues in the litigation had been resolved on a motion for partial summary judgement. [See Condo Cases Across Canada, Part 55, September 2016.]
In the meantime, the commercial owner brought a motion for the appointment of an administrator. The motion was dismissed. The Court said:
In short, MCC 195 appears to be functioning quite well in the circumstances. I find that, to date, the Board members have met the standard of care set out in
s. 37 of the Condominium Act, 1998. This condominium corporation is able to govern itself. The differences of opinion over various governance issues are all capable of being resolved within the democratic framework of the corporation. I reject Sunbelt’s suggestion that the circumstances are such that an administrator is necessary. On the contrary, on my review of all of the evidence, the condominium building is in a state of reasonable repair, the financial status of the corporation is reasonably well managed and the property is reasonably well maintained. The issues that arise appear to be dealt with by the Board in a reasonable manner.