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At 01 March 2019, after just over one year's medical leave,
Simon's law practice will re-open. Whoo-hoo ....!
- 12 February 2019

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Corporations - Oppression

Toronto Standard Condominium Corporation No. 2051 v. Georgian Clairlea Inc. (Ont CA, 2019)

In this condominium case the court considered a statutory oppression remedy in the following terms:
[2] The summary judgment was granted in the action brought by TSCC 2051 seeking, inter alia, relief under s. 135 of the Condominium Act, 1998, S.O. 1998, c. 19 (“the Act”). Section 135(2) gives the court jurisdiction to grant an oppression remedy within the purview of the Condominium Act. It provides:
On an application, if the court determines that the conduct of an owner, a corporation, a declarant or a mortgagee of a unit is or threatens to be oppressive or unfairly prejudicial to the applicant or unfairly disregards the interests of the applicant, it may make an order to rectify the matter.
....


[24] The motion judge applied the two-part test for oppression that the Supreme Court of Canada set out in para. 68 of BCE Inc. v. 1976 Debentureholders, 2008 SCC 69, [2008] 3 S.C.R. 560:
In summary, the foregoing discussion suggests conducting two related inquiries in a claim for oppression: (1) Does the evidence support the reasonable expectation asserted by the claimant? and (2) Does the evidence establish that the reasonable expectation was violated by conduct falling within the terms “oppression”, “unfair prejudice” or “unfair disregard” of a relevant interest?


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