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#18869
PROXY DISQUALIFICATIONS - not initialled -GET HELD LEGAL Y.R.C.C. # 818 v Przysuski 2018/05/14 23:10  
1 - Y.R.C.C. # 818 v Przysuski :

Condo corp itself loses application to invalidate AGM chair lawyer Mario Deo’s disqualification of outcome-changing proxy herd ( assembled apparently by corporate group ) for lacking bylaw-required initialling by each proxy-donor.

Turmoil . . . recounts . . . court challenge of outcome by the condo corp itself. Winner that night has to fight for seating . . . .

Personal respondent new Director Przysuski ( with counsel ) here finds himself judicially targeted for replacement for benefitting from the disqualifications for lack of donor initialling.

But condo corp fails to get upheld its view of outcome. . .

Y.R.C.C. # 818 v Przysuski 2018 ONSC 2382 issued April 12/18 http://canlii.ca/t/hrlxn Xcrpted :

. . . [36] The chairperson has the responsibility to examine all ballots, decide on their validity, count the votes, cast and declare the result.

In the case of uncertainty, the matter of proxy validity should be referred to the chairperson for him or her to decide.

Once the chairperson makes a declaration as to the result of the vote, it is final and binding unless otherwise reversed by the court: [York Condominium Corporation No. 42 v. Gosal, et al. 2014 ONSC 2035 (CanLII), at para. 22, (Ont. S.C.J.) referring to Nathan’s Company Meetings for Share Capital and Non-Share Capital Corporations, 10th ed. (Lexis Nexis), pp. 159 and 195].

The 11th edition of Nathan’s Company Meetings for Share Capital and Non-Share Capital Corporations (“Nathan’s”) provides the rule that all parties must understand and agree to be guided by the applicable rules of order: [Nathan’s, at p. 2]. . . ." unquote

2 - Will the Province's newly revised & standardized proxy Form end such battles ? Don't hold your breath yet, one lawyer recommends . . .

May 10/18 R Escayola LLB ( Gowlings WLG) “The New and “Improved” Condo Proxy is Out !” http://condoadviser.ca/2018/05/the-new-and-improved-condo-proxy-is-out/condo-law-blog-Ontario

xcrpt May 9/18 Canadian Lawyer “Court rules on condo board election battle” by Rod Escayola LLB http://www.canadianlawyermag.com/legalfeeds/author/aidan-macnab/court-rules-on-condo-board-election- battle-15713/
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