McFlow Capital Corp. v. Simcoe Condominium Corporation No. 27 (Ontario Superior Court of Justice)

19/08/13 – Jurisdiction Ontario
Part 27 published on 01/08/09
Court orders appointment of administrator.

The units in this 44-unit condominium were owned by two factions of competing owners.  There had been an ongoing battle between the two factions.  According to the Court, the battle had “raged while the physical state of the condominium has steadily deteriorated”. 

The Court said that immediate appointment of an administrator was necessary because there had been a substantial inability to manage the corporation and substantial misconduct and/or mismanagement had been demonstrated.  The applicant also sought an Order preventing the condominium corporation from interfering in the sale of 14 of the units (through the corporation’s lien rights).  Given the Court’s decision to appoint an administrator, the Court said that such an Order was unnecessary.