CITATION: 683693 Ontario Limited. v. York Region Condominium Corporation No. 831, 2007 ONCA 180

DATE: 20070315

DOCKET: C44883

COURT OF APPEAL FOR ONTARIO

RE:

683693 ONTARIO LIMITED and RIBA DEVELOPMENTS INC. (Applicants/Appellants in Appeal) v. YORK REGION CONDOMINIUM CORPORATION NO. 831 (Respondent/

Respondents in Appeal)

BEFORE:

DOHERTY, MOLDAVER and MACPHERSON JJ.A.

COUNSEL:

Rahul Shastri

for the appellants

James VanWiechen

for the respondent

HEARD & ENDORSED:

March 15, 2007

On appeal from the judgment of Justice Michael Brown of the Superior Court of Justice dated January 5, 2006.

A P P E A L B O O K E N D O R S E M E N T

[1] We agree with Brown J. Section 49(3) is clear the owners of parking and storage units are not entitled to vote, subject to the exception noted in s. 49(3).

[2] The appeal is dismissed. No costs.