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#18849
Condo Corporation ducks Boardmeeting CHAIR ASSAULT civil claim M.T.C.C # 1292 2018/04/07 16:47  
Was this Board Meeting's (alleged) attack really an Occupiers Liability scenario as argued ?


Wonder what the subsequent Board meetings were like ?


( Note that Ontario's Court of Appeal has recently dismissed injured skiers' legal attempts to ski around around the arguably Occupier-Friendly Occupiers Liability Act. The ski-hill victims' counsels had tried to jump over typical Injury Waivers. Are ski hills like Consumer Protection scenarios where waivers get nixed ? )

The CHAIR ASSAULT claims are still unproven allegations . . . .

Toronto Superior Ct judge grants Rule 20 Summary Motion dismissing - with Plaintiff’s consent against M.T.C.C. # 1292 apparently only as “Occupier” under Occupier Liability Act - a civil injury claim by the Plaintiff ex-Director female.

Her otherwise undetailed civil claim alleges a CHAIR ATTACK by the male, still-remaining defendant ex-Director at an October 4/11 onsite Board Meeting that "got out of hand".

The allegedly wild Meeting had occurred THREE DAYS after the Plaintiff had been voted out of Chair Officership.

This lady ex-Chair's alleged chair attacker is cited to have just previously also resigned as Board President.

At the date of meeting both may have technically continued as Board members.

Anyway the alleged chair attacker – not the alleged Plaintiff victim - is now hit with the condo corporation’s $6, 500 costs. He will also continue as civil defendant despite his ( here unsuccessful ) efforts to keep the Condo Corporation & its insurer available to contingently satisfy injury awards. Isn't it interesting to have this scope of judicial creativity, remembering that the attack claim is so far technically unproven ?

Omotayo v. Da Costa et al 2018 ONSC 2187 issued March 29/18 http://canlii.ca/t/hrb84
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