Patterson v. York Condominium Corporation No. 70
The appeal was dismissed because the appellant sought to introduce evidence post‑hearing to retry the application on a new evidentiary record; the Court of Appeal refused to admit that evidence, found no reversible error in the application judge's decision, and awarded costs to the respondents.
Source-derived case information.
- Citation
- 2019 ONCA 330
- Parties
- Applicant/appellant: Catharine Patricia Patterson; Respondent: York Condominium Corporation No. 70; Respondent: Olena Myronyuk
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 24 April 2019
- Procedural Posture
- Civil / Appeal to Court of Appeal From Application Judge Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Fresh Evidence on Appeal, Board Governance, Corporate Mismanagement, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catharine Patricia Patterson
Applicant/appellant
York Condominium Corporation No. 70
Respondent
Olena Myronyuk
Respondent
Procedural Posture
Civil / Appeal to Court of Appeal From Application Judge Decision
Legal Issues
- 1 Whether the application judge erred in finding no evidence that the corporation's assets were in danger or that the board was mismanaging the corporation
- 2 Whether this court should admit and consider evidence that became available after the application hearing
- 3 Whether orders changing the budget and repair schedule and removing a director should be granted
Ratio Decidendi
The appeal was dismissed because the appellant sought to introduce evidence post‑hearing to retry the application on a new evidentiary record; the Court of Appeal refused to admit that evidence, found no reversible error in the application judge's decision, and awarded costs to the respondents.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs to the respondents payable by the appellant in the all‑inclusive amount of $5,000
Full Case Text
Judgment text and source record
1 paragraphs
Patterson v. York Condominium Corporation No. 70 Collection Decisions of the Court of Appeal Date 2019-04-24 Neutral citation 2019 ONCA 330 Docket numbers C65882 Judges Tulloch, Michael H.; Hourigan, C. William; Fairburn, J. Michal Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Patterson v. York Condominium Corporation No. 70, 2019 ONCA 330 DATE: 20190424 DOCKET: C65882 Tulloch, Hourigan and Fairburn JJ.A. BETWEEN Catharine Patricia Patterson Applicant (Appellant) and York Condominium Corporation No. 70 and Olena Myronyuk Respondents (Respondents in Appeal) Michael Spears, for the appellant Megan Mackey, for the respondents Heard and released orally: April 23, 2019 On appeal from the judgment of Justice Pollak of the Superior Court of Justice, dated August 8, 2018. REASONS FOR DECISION [1] The appellant seeks to set aside the judgment of the application judge dismissing her claim for orders changing the respondent’s budget and repair schedule, removing the individual respondent from the corporation’s board, and other ancillary relief. [2] No specific error is alleged to have been made by the application judge. Instead, the appellant submits that if this court accepts certain evidence that became available after the hearing of the application, it is clear that the application judge erred in finding there was no evidence that the assets of the corporation are in danger or that the board of directors are mismanaging the corporation. [3] We see no merit in the appellant’s submission. What she is inviting this court to do is to retry the application on a new evidentry record. We decline to do so, as that is not the function of this court and it is fundamentally unfair to the respondents. [4] The appeal is dismissed. Costs are to the respondents payable by the appellant in the all-inclusive amount of $5,000. “M. Tulloch J.A.” “C.W. Hourigan J.A.” “Fairburn J.A.”