Skip to content

Narrow screen resolution Wide screen resolution Auto adjust screen size Increase font size Decrease font size Default font size default color brick color green color
CAFCOR Forum
_GEN_GOTOBOTTOM Post Reply
TOPIC:
#18981
PUBLICATION BAN imposed / ADMINISTRATORSHIP imposed amidst TURBULENT QUORUM STRUGGLE 2019/07/19 22:18  
CBC Toronto has failed to dissuade a Toronto Superior Court JUDGE (salary above $ 1/3 M) from continuing a publication ban recently imposed against even identifying the parties involved in a quorum-restoration struggle.

But bizarrely the same decision issued July 2/19 is displayed online in flagrante delicto citationed by the parties as identified

How long will it take before someone lets them know ? And should it even be done ?

Amidst a series about condo wars, two CBC Toronto online articles had shone attention onto a bitter struggle underway at a 497 unit condo corporation.

Reeling from special assessments for deficiencies, Board quorums were a roller coaster. Threats were alleged including against the 74 year old non-owner President . .

Anyway the same judge appointed "ex parte" a (sic) "Administrator and Inspector" on May 29/19.

This recent July 2/19 decision now admits that largely on the basis of :

merely the President's AFFIDAVIT EVIDENCE,

whatever possible input from the then new (sic) Administrator & Inspector (sic)

and

CBC intervenor representation to defend press freedom,

the ex parte Orders had been granted on May 29/19 ending the quorum restoration issue for now.


Humm ?

What about the requisitionist / quorum-restoring attempts said to be then underway with counsel by well-respected condo lawyer Audrey Loeb ? ?

No problem at all.

Good ole' affidavit of the President himself just advises that the requisition attempt failed to comply ! . . .

( xcrpted : " . . Finally, the materials included confirmation that a lawyer retained by the purported new board at a meeting held on May 21, 2019 at an alternate location was not in a position to oppose the relief sought.

This was as a result of an issue as to whether the election of the purported new board was legitimate. .." )

Have we heard the last of this ?

P.S. Looking a bit wider, haven't publication bans typically been about protecting minors . . . sex assault victims . . . potential jury impartiality at risk in highprofile criminal processes eg child killing . . . ? . . .
  The administrator has disabled public write access.
#19018
partial PUBLICATION BAN & ADMINISTRATORSHIP imposed amidst TURBULENT POWER STRUGGLE 2019/12/08 17:10  
CBC Toronto's JOHN LANCASTER drew attention to troubled governance - and even possible contract trolling - by non-owners seeking Directorships at several Toronto condo corporations.

But in APRIL 2019 a slightly different pair of articles about a Thornhill corporation, arrived amidst a bitter dispute over Special Assessments and attempts to requisition that same Thornhill Board.

Sorting out the "good guys ( & gals ) " ain't always easy however.

TO ITS ENORMOUS CREDIT CBC Toronto in the latter case fought against the imposition of a JUDICIAL PUBLICATION BAN withholding the identity of both condo corporation & successful applicant for Administratorship.

Three judicial "outcomes" ( below ) withholding such identifications, continue the ban.

That's even though a respected Administrator appears to have restored some credibility at the expense of owner self-governance.

Did the alleged threats - ? if they actually occurred ? - justify gagging the press / blindering the public / excluding the results of a held-botched Owners Meeting and appointing ex parte an Administrator howsoever well respected & highly competent ( albeit Notices to challengers not being specified in Ontario's Condominium Act 1998 ) ?

One of the outcomes below is the July 2/19 rationale of the Superior Court judge who issued the partial ban. Not an easy job.

Condo Administratorships - and rationales for such - now have a track record since May 4 2001. Did this particular power struggle really reach the level of a need to strip self-governance & mask the disputants ?

Anyway, THANK YOU CBC Toronto for fighting for transparency & access to civil justice.

Bizarrely, TWO of the Thornhill condo corporation's THREE online outcomes even managed to fully identify the gagged information for at least a week after each went online at canlii.org !

Online - still partly in the sunshine - are these partially gagged judicial outcomes :

B.K. v. Y.R.C.C. # ( 2019) ONSC 6224 issued Oct 25/19 http://canlii.ca/t/j34z4

B.K. v. Y.R.C.C. # ( 2019) ONSC 4552 issued July 30 /19 http://canlii.ca/t/j1xnf

B.K. v. Y.R.C.C. # ( 2019) ONSC 3837 issued July 2 /19 http://canlii.ca/t/j19ml
  The administrator has disabled public write access.
_GEN_GOTOTOP Post Reply
contact webmaster