25/11/2024– Jurisdiction Ontario
Part 88 published on 01/12/2024
Election process was flawed. Court orders condominium corporation to pay inspector’s fees.
The Applicant owner sought an order declaring the results of the election held at the corporation’s 2021 AGM invalid.
The parties consented to a Court-appointed inspector to investigate the election results. The court heard the application with the benefit of the inspector’s report as well as a rebuttal report arranged by the condominium corporation.
The Court held that the election in question was flawed, and that the election result was incorrect. However, the election result was now moot due to subsequent elections and due to the passage of time. Therefore, the Court declined to order the election result invalid, and dismissed the Application.
However, the Court ordered the condominium corporation to pay the inspector’s costs and also to pay costs to the Applicant.