Court of Appeal for Ontario

Date: April 23, 2019 Docket: C65882

Judges: Tulloch, Hourigan and Fairburn JJ.A.

Between

Catharine Patricia Patterson Applicant (Appellant)

and

York Condominium Corporation No. 70 and Olena Myronyuk Respondents (Respondents in Appeal)

Counsel

Michael Spears, for the appellant

Megan Mackey, for the respondents

Heard and released orally: April 23, 2019

On appeal from: the judgment of Justice Pollak of the Superior Court of Justice, dated August 8, 2018.

Reasons for Decision

[1] The appellant seeks to set aside the judgment of the application judge dismissing her claim for orders changing the respondent's budget and repair schedule, removing the individual respondent from the corporation's board, and other ancillary relief.

[2] No specific error is alleged to have been made by the application judge. Instead, the appellant submits that if this court accepts certain evidence that became available after the hearing of the application, it is clear that the application judge erred in finding there was no evidence that the assets of the corporation are in danger or that the board of directors are mismanaging the corporation.

[3] We see no merit in the appellant's submission. What she is inviting this court to do is to retry the application on a new evidentiary record. We decline to do so, as that is not the function of this court and it is fundamentally unfair to the respondents.

[4] The appeal is dismissed. Costs are to the respondents payable by the appellant in the all-inclusive amount of $5,000.

M. Tulloch J.A.

C.W. Hourigan J.A.

Fairburn J.A.