Court of Appeal for Ontario

ONCA 253

Date: 2014-04-01

Docket: M43437/C57774

Feldman, Rouleau and Hourigan JJ.A.

BETWEEN

Toronto Standard Condominium Corporation No. 1786 Owner’s Group

Applicant (Respondent in Appeal)

and

Toronto Standard Condominium Corporation No. 1786, Joseph Ieradi, Giorgio Marchi (George Marchi), and Konstantinos Koutoumanos (Gus Koutoumanos)

Respondents (Appellants)

Counsel:

Nick Porco, for the appellants

Michael A. Spears, for the respondents

Heard: March 31, 2014

On appeal from the order of Justice Edward P. Belobaba of the Superior Court of Justice, dated September 20, 2013.

APPEAL BOOK ENDORSEMENT

[1] The underlying dispute between the parties was the cost of repairs of the parking structure and the liability for those costs. That issue was before the motion judge at the time of the motion seeking interim relief. That motion was brought on the grounds that the appellants were in breach of the motion judge’s previous order for the production of documentation. In those circumstances, he made an order to facilitate the holding of the AGM meeting, including the impugned paragraph (which allowed people with outstanding parking assessments to vote at the AGM). That impugned paragraph did not determine the underlying issue but suspended its determination pending the holding of the meeting. This was an order that was within his broad discretion under s. 134(3)(c) of the Condominium Act and was not a breach of that act. We, therefore, see no basis to interfere with the exercise of his discretion. The appeal is dismissed. Costs to the respondents of $11,000 inclusive of disbursements and HST.