What is the test for discharge of an Administrator for a condominium corporation?
Ontario, Canada
The following excerpt is from York Condominium Corporation No. 506 v. All Unit Owners and Mortgagees of York Condominium Corporation No. 506, 2011 ONSC 2839 (CanLII):
The parties agree on the test for the discharge of an Administrator – it is whether, in all the circumstances, it would be just and convenient to do so, having regard to the purpose of the Condominium Act, 1988 and the best interests of the owners: Bahadoor v. York Condominium Corporation No. 82, [2007] O.J. No. 489 (S.C.J.). In that particular case, Brown J. asked: (a) Is there was a reasonable prospect for orderly self-governance of the corporation? and (b) Have the elected directors formulated an operating plan and project expenditure plan that gives a reasonable prospect of orderly management of the affairs of the condominium corporation?
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