14/02/2022 – Jurisdiction Ontario
Part 77 published on 01/03/2022
Tribunal upholds condominium management licensing condition which prohibited a certain “interested person”
The Registrar of the CMRAO proposed a condition (for the licensing of the appellant as a condominium manager) under which a certain person (Gavin Kendrick) could not be an “interested person” of the appellant. Mr. Kendrick was a 50% shareholder of the appellant and “the practical effect of the condition would be that Millcreek could only provide condominium management services if Kendrick is no longer a shareholder”.
The tribunal dismissed the appeal and upheld the condition. The tribunal said:
Although the condition is potentially onerous, in my opinion it is appropriate and necessary both to protect the public interest and to maintain public confidence in the condominium management service sector.
Millcreek Management Inc. v Registrar of the Condominium Management Regulatory Authority of Ontario