The plaintiffs, condominium unit owners, brought an urgent motion seeking to remove criteria for participating in director elections (payment of a special assessment), reschedule the Annual General Meeting (AGM), remove a director, and obtain court supervision of the Board.
The court found no urgency for most of the relief sought, noting the plaintiffs had prior knowledge of the issues.
While a prima facie case was established regarding the special assessment's propriety due to the Corporation's failure to investigate the unit 35 owner's liability, the plaintiffs failed to demonstrate irreparable harm or that the balance of convenience favored them.
The motion for injunctive relief (items a, b, d) was dismissed.
The request to remove a director (item c) was adjourned as it lacked urgency and could be scheduled as a regular motion.
