12/09/2016 – Jurisdiction Ontario
Part 57 published on 01/03/2017
Court dismisses application for appointment of administrator
An owner applied for appointment of an administrator on the grounds that the Board was not acting in the best interest of the corporation. The Court reviewed five factors to be considered on such applications, and dismissed the application.
The Court said:
Overall, while I would not consider one factor to be more or less important than another and that one factor could overwhelm the rest, it is my conclusion that this application should be and is dismissed. However, it should also be stated that it is dismissed without prejudice to a new and further Application on new and additional evidence in order to ensure the activity and attention to the best interests of the unit holders continues rather than any resumption of the inactivity noted in 2011-2013.
Even though the condominium corporation had been successful, the Court ordered the condominium corporation to pay of costs of $2,500 to the owner because: “It seems clear the efforts of the applicant resulted in the respondent Board of Directors improving its performance and fulfilling its obligations to act in the best interest of the unit holders.”
