20/01/2022 – Jurisdiction Ontario
Part 77 published on 01/03/2022
Court declines to order condominium corporation to hold requisitioned meeting
The condominium corporation had (so far) refrained from calling a requisitioned meeting. One of the requisitionists applied for an order to force the condominium corporation to call and hold the meeting within certain timeframes. The Applicant was particularly concerned that delay might cause some owners to lose voting rights, because they might fail to pay a levied special assessment. The Court declined to make the requested order. The Court said:
I am not prepared, in the face of the urgent need for the health and safety issues at the Condo Building to be addressed, to derail the current process on the basis of alleged non‑compliance with the 35 day response time under s. 46(4) (of the Condominium Act), particularly where there is reason to question the legitimacy of the basis of the requisitionists’ claims and where there is a statutory remedy readily available under s. 46(5).
Jasper Developments Corp v York Condominium Corporation No. 82