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TOPIC:
#19195
Judge NIXES remedial Orders despite decade of NO RESERVE FUND UPDATES/ NO AUDITS-Tharani v MTCC812 2021/03/11 19:15  
Not legal advice.

A Toronto civil judge ( 2012 Federal appointee ) refuses to issue Compliance Order nor to impose Inspectorship onto a Markham commercial condominium corporation ( amongst other remedies sought ). Nor to award compensation sought by an owner & others who were forced to pursue dereliction of corporate duties. Such refusal occurs at the latest of several rounds of Superior Court & ONCAT processes . . .

( Does the judge grasp that the legislation enacts a statutory right of owners & lenders to comply AND TO RECEIVE COMPLIANCE NO MATTER HOW DERELICT have been successive Boards of Directors ! There is huge significance to some of the ignored property & civil rights being derelicted . )

What sort of message is sent to condo, strata & Building scheme governancers by this latest ?

REMEDIES refused despite decade without corporation AUDITS nor any Reserve Fund full study /updates ( undisputed : most recent reserve fund full or update - 2013. Also undisputed : that a $ 75 K hydro bill had been unlawfully paid out of Reserve Funds ! )

most recent corporate audit 2011 ! Respondent condo corporation has the audacity to claim their promised audit has been delayed because Toronto audit servicers are scared away by the Applicants !

Failure to obtain CAO registration ( uncited by the judge : such bars from “maintaining a proceeding“ to protect the rights of owners & lenders without prior judicial approval in ONCAT & Ontario's civil justice systems). See Condominium Act 1998 S.O.1998 ch 19 https://www.ontario.ca/laws/statute/98c19 - for the Act’s subsection 23.1 "Restriction on ability to sue".

Had earlier ignored an ONCAT process & only-late complied with a records disgorgement Order by ONCAT. ( cross-reference to previous CAFCOR item : “Tribunal defiers eventually complied but hit by Compliance Order & costs THARANI v MTCC # 812” https://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&catid=9&id=19031#19031 )

Disputed : Applicant argues that ONCAT-pried records have now disclosed a shocking & potentially outcome – varying electoral indicator : that 2019 Directoral ballots cast were materially in excess of the units actually present / proxied ! !

Tharani Holdings Inc. v M.T.C.C. # 812, 2021 ONSC 1125 issued Feb 22/21 https://canlii.ca/t/jdfgd
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