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TOPIC:
#19140
DECLARANT Cottage Advisors 'fails to pierce corporate veil’ : OPPRESSION & UNLAWFUL INTERFERENCE 2020/11/15 20:03  
Not legal advice, as usual

An ONSC ( Ontario Superior Court of Justice ) judge has accepted a Rule 21 Motion erected as personal shields by 4 named defendant Directors - sued by Declarant Cottage Advisors for alleged oppression as personal co-defendant Directors along with their Prince Edward Vacant Land C.C. #10 but targetted separately as personal defendants without C.C. involvement on grounds of “unlawful interference with economic relations”.

Solely as to “piercing the corporate veil”, for lack of particulars in the Declarant's claim the Rule 21 Motion is granted striking down BOTH grounds against the Directors personally.

The OPPRESSION CLAIM alone can continue and such is solely against the corporate entity condo corporation. ( The background disputes centre on alleged common element deficiencies and on alleged disturbances by short term occupancies managed by the Declarant, an active exponent of such by various investment vehicles for more than a decade. Undoubtedly the legislated milestones for transfer of control of the condo corporation, have passed control out of the Declarant's hands ).

( Wider, could a corporate entity itself be capable of 'unlawfully interfering' with third party financial relations including by the wording of Status Certificates or urging municipal planners to retain performance surety until sign-off of common element deficiencies ? )

The 2020 judicial appointee curiously ( ? )analyzes both condo oppression & illegal interference without reference to the most frequently cited condo oppression decisions.

NOR surprisingly to the 2014 Supreme Court of Canada treatment of the second grounds : ( A.I. Enterprises Ltd., et al. v. Bram Enterprises Ltd., et al. 2014 SCC 12 ( Canlii ) 2014 1 SCR 177 http://canlii.ca/t/g2wn4 ( From Canada's top court such was a major & current discussion of the controversial tort & arguably imposed a somewhat high threshold for such claim to ever succeed in Canada's common law provinces. )

Interestingly she cites receiving as sole Condo Act Oppression finding personally against an Ontario condo Director : the long-running Ottawa condo struggle in which ( condo President ) Burdet’s majority shenanigans triggered Administratorship & later a total complex sale along with ruling of Section 135 Oppression against him – the President - personally . ( cafcor topic https://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&id=18837&catid=2#18837 )

More about the unlawful interference tort : see “The defendants fired their cannons at my slave suppliers !" ( at cafcor topic “CONSPIRACY claim against Directors & PMgr BEATS UPFRONT Motion to quash: 1589680 Ontario v TSCC 1441” https://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&id=18568&catid=9#18568 )

Cottage Advisors of Canada v. Prince Edward Vacant Land ( Condominium Corporation # 10 ) ( sic ) 2020 ONSC 6445 issued Oct 26/10 http://canlii.ca/t/jbck5
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