683693 Ontario Limited. v. York Region Condominium Corporation No.831
Section 49(3) of the Condominium Act is clear and unambiguous in excluding owners of parking and storage units from voting except for the limited exception contained in the section; therefore the appeal fails and is dismissed.
Source-derived case information.
- Citation
- 2007 ONCA 180
- Parties
- Applicant/appellant: 683693 Ontario Limited; Applicant/appellant: Riba Developments Inc.; Respondent: York Region Condominium Corporation No. 831
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 16 March 2007
- Procedural Posture
- Civil Appeal (condominium) / Court of Appeal Endorsement on Appeal From Superior Court Judgment Dated January 5, 2006; Heard March 15, 2007
- Outcome
- Appeal dismissed
- Legal Topics
- Voting Rights in Condominium Corporations, Interpretation of Section 49(3), Status of Owners of Parking and Storage Units
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
683693 Ontario Limited
Applicant/appellant
Riba Developments Inc.
Applicant/appellant
York Region Condominium Corporation No. 831
Respondent
Procedural Posture
Civil Appeal (condominium) / Court of Appeal Endorsement on Appeal From Superior Court Judgment Dated January 5, 2006; Heard March 15, 2007
Legal Issues
- 1 Whether owners of parking and storage units are entitled to vote under section 49(3) of the Condominium Act
- 2 Whether any exception in section 49(3) renders such owners eligible to vote
Ratio Decidendi
Section 49(3) of the Condominium Act is clear and unambiguous in excluding owners of parking and storage units from voting except for the limited exception contained in the section; therefore the appeal fails and is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- No costs
Full Case Text
Judgment text and source record
1 paragraphs
683693 Ontario Limited. v. York Region Condominium Corporation No.831 Collection Decisions of the Court of Appeal Date 2007-03-16 Neutral citation 2007 ONCA 180 Docket numbers C44883 Judges Doherty, David H.; Moldaver, Michael James; MacPherson, James C. Subject Civil Decision Content CITATION: 683693 Ontario Limited. v. York Region Condominium Corporation No. 831, 2007 ONCA 180 DATE: 20070315 DOCKET: C44883 COURT OF APPEAL FOR ONTARIO RE: 683693 ONTARIO LIMITED and RIBA DEVELOPMENTS INC. (Applicants/Appellants in Appeal) v. YORK REGION CONDOMINIUM CORPORATION NO. 831 (Respondent/Respondents in Appeal) BEFORE: DOHERTY, MOLDAVER and MACPHERSON JJ.A. COUNSEL: Rahul Shastri for the appellants James VanWiechen for the respondent HEARD & ENDORSED: March 15, 2007 On appeal from the judgment of Justice Michael Brown of the Superior Court of Justice dated January 5, 2006. APPEAL BOOK ENDORSEMENT [1] We agree with Brown J. Section 49(3) is clear the owners of parking and storage units are not entitled to vote, subject to the exception noted in s. 49(3). [2] The appeal is dismissed. No costs.