The plaintiffs, including Romijay Enterprises Ltd., sought an interlocutory injunction to prevent the defendants, led by 11 Yorkville Partners Inc., from holding a unit owner meeting to approve the sale of their condominium property.
The defendants, owning over 80% of the units, intended to sell the property to a non-arm's-length purchaser for redevelopment, relying on section 124(2) of the Condominium Act, 1998.
The plaintiffs invoked the oppression remedy under section 135 of the Act, arguing that the forced sale of their unit, which held significant personal and emotional value to its controlling mind, Robert Berman, constituted oppressive conduct.
The court granted the injunction, finding a serious issue to be tried regarding the plaintiffs' reasonable expectation that their unit would not be sold to a non-arm's-length purchaser without their consent, that they would suffer irreparable harm due to the unit's unique value, and that the balance of convenience favored preserving the status quo.
