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SWAN v Durham CC # 45 : ONCA ships DUTY BREACH back to lower court 2015/09/03 18:01  
With a small Pickering condo corporation’s legals claimed now to have reached a staggering $ 199 K against an ex-President - found in 2012 by lower court in breach of Directoral duty - ONCA just shipped the appealed 3 year old decision back to “fill blanks”.

The Court of Appeal’s Sep 1/15 decision now also discloses that $ 45 K in legals had been awarded against the ex President / satellite dish scofflawer for his disruptive behaviour during a wild 11 week period in summer 2009.

Rising from newly elected Director to President before being unseated from the Board, the satellite dish scofflaw turned President had deliberately allowed one of his multiple lawsuits against his own corporation to secretly go into undefended default !

( Could there be a greater divurgence of his interests from the corporation's ? ONCA wants more details ? )

Without details the 2012 lower court judgment cited his ultimate expulsion from Presidency & Board membership in mid Sept 2009. The expulsion occurred less than 11 weeks after he became even a Director !

( Then began 6 years of criss-crossing Oppression claims, Breach of Duty claims, defamation claims etc . . .)

Swan v Durham CC # 45 (2015) ONCA 590 issued Sep 1/15

Durham CC # 45 v Leslie Arthur Swan, 2012 ONSC 3441 (CanLII) issued June 15 2012
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Swan v Durham CC #45 : ONCA ships DUTY BREACH back to lower court 2015/09/03 23:30  
(thanks Adam & worthy volunteers/staff )

2012 's lower court judgment Durham CC #45 v Swan was previously mentioned in past CAFCOR posts below.

Some will be surprised that it still has legs and has cost so much to the 33 unit condo community.
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SWAN v Durham CC # 45 : LIEN UPHELD but reduced to $ 134 K. Is this the end ? 2019/03/12 16:41  
Note that Leslie Arthur Swan had counsel at the canlii-filed outcomes.

Arguably obsessed with “drain the swamp”, Mr Swan's actions over a mere 11 weeks in summer 2009 as new Director & temporary President, included :

purporting unilaterally to get rid of new PMC


deliberately allowing default of defence against at least one of the Small Claims lawsuits he had filed against his condo corporation

At Mr. Swan's 33 unit residential condo community he got Board control for 11 wild weeks in summer 2009 before being unseated by requisition. ( Reportedly all the small claims were later dismissed. So too were Mr Swan's years of rearguard action - seen at - to claim oppression & to get Directoral indemnification for awards against him. )

Flash forward NINE AND A HALF litigation-filled years :

March 8 2019 :

Noting BOTH parties seeking early resolution . . .

ONSC upholds challenged CONDO LIEN for s 134(5) ( ‘costs to obtain’ & liening ).

BUT it reduces his unit's undischarged lien from $ 219 K to $ 134 K as proposed by condo corp. It adds $ 18 K more onto Mr. Swan for overall lack of success in this latest / final ?.

Swan v Durham CC # 45 (2019) ONSC 1567 issued March 8/19 )
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LIEN UPHELD & INDEMNIFICATION REFUSED for breach of Directoral duty : Swan v Durham CC #45 2019/12/27 21:55  
( at least rounds # 4 & # 5 over ten years of rearguard litigation : )

Ontario's Court of Appeal - on grounds of breach of Directoral duty of good faith - has rejected an ex-President's claim for indemnification. It upheld $135 K in liens & additional cost awards.

Durham CC # 45 v Leslie Arthur Swan 2019 ONCA 1016 issued Dec 20 2019 .

Upholds Swan v. Durham C.C. # 45 2019 ONSC 1567

Ruled in breach of good faith duty as President during short 11 week period in 2009, for secretly allowing one of his own lawsuits against the corporation to enter default; also held erected buckshee satellite dish.
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