SUPERIOR COURT OF JUSTICE – ONTARIO

COMMERCIAL LIST

RE: York Condominium Corporation No. 42, Applicant

AND:

Abid Hashmi and All Unit Owners of York Condominium Corporation No. 42, Respondents

BEFORE: D. M. Brown J.

COUNSEL: G. Vella, for the former Administrator

D. Fulton, for YCC No. 42

Nicolo Fortunato, a unit owner

HEARD: January 30, 2013

directions from 9:30 appointment

Directions regarding passing of accounts by court-appointed condominium administrator

[1] The former Administrator was discharged following the October elections by operation of the order of Newbould J. made August 2, 2012. The Administrator sought directions concerning its motion to pass its accounts for the period from June 1, 2011 until its discharge on October 2, 2012.

[2] The Administrator’s motion will be heard on April 22, 2013. Although a full day has been set aside for the motion, I question whether that amount of time will be required.

[3] The Administrator shall serve YCC No. 42 with its motion record no later than Friday, February 15, 2013. The Administrator shall serve YCC No. 42 with three (3) copies of its motion record.

[4] No later than February 26, 2013, YCC No. 42 shall deliver or mail to each condominium unit owner (i) a copy of the Administrator’s notice of motion and (ii) a notice informing the unit owner that copies of the full Motion Record are available for inspection at the Condominium’s management office during normal business hours. In addition, upon the request of a unit owner, YCC No. 42 shall prepare a copy of the Motion Record and provide it to the unit owner, within 48 hours of the request, upon payment by the unit owner of the Condominium’s actual photocopying expenses.

[5] If any interested person intends to object to any aspect of the accounts submitted by the Administrator, that person must serve the Administrator with a Notice of Objection and file the Notice with the Court no later than Friday, March 22, 2013. The notice of objection must contain the information set out in Schedule “A” to these Reasons.

[6] IF A PERSON DOES NOT SERVE AND FILE A NOTICE OF OBJECTION BY MARCH 22, 2013, THAT PERSON WILL NOT BE PERMITTED TO RAISE ANY OBJECTION OR MAKE ANY SUBMISSIONS AT THE APRIL 22, 2013 HEARING.

[7] Mr. Fulton stated that YCC No. 42 might wish to cross-examine the Administrator on its accounts before the hearing. It is not the usual practice of the Court to permit the out-of-court examination of a court-appointed officer such as an administrator or receiver. I will not permit any out-of-court examination of the Administrator, and I leave it to the judge presiding at the April 22, 2013 to determine how any questions may be asked of the Administrator about his accounts.

(original signed by)____

D. M. Brown J.

Date: January 30, 2013

SCHEDULE “A”: INFORMATION WHICH MUST BE INCLUDED IN ANY NOTICE OF OBJECTIONS TO THE ADMINISTRATOR’S ACCOUNTS

A

B

C

D

E

Objection

Amount as stated in accounts of Administrator[^1]

Reduction sought by objector

Reasons for the Objector’s position

Any document the Objector will rely upon[^2]

Item 1: (identify the specific line item in the accounts)

Item 2: (identify the specific line item in the accounts)

[^1]: Identify the precise location in the Accounts where the item can be found

[^2]: Cross-reference to the specific document in one of the Document Briefs