A 2nd requisition to remove Khan
Since the replacement of a court-appointed administrator 1½ years
ago,
YCC #42 has been fraught with political conflict. Two directors were
incensed that they lost control of the board and they were determined
to force the two newly elected directors off the board by declaring
them
illegally elected and the corporation hold a new election.
Petition
for a requisition meeting
In February 2013, a few owners, with the apparent support of some of
the board members, circulated a requisition to demand a Special Owners
Meeting to vote on the removal of Shah Jahan Khan from the board.
This was the second attempt to remove Khan within a year. However, this
time the requisition was spearheaded by some of his traditional
supporters.
When the board hesitated to call an owners meeting, the requistionists
stated that if the board would not call a meeting, they they would do
so.
A Special Owners Meeting was called for the evening of 26 March 2014 to
vote on removing Shah Jahan Khan from the board.
The 17
March 2014 court hearing
It was hoped that two superior court motions would be heard on 17 March
but the court misplaced the materials so the court date was pushed back
to Friday 28 March.
Here is an explanation of the two sides.
Karim &
Khan's position
Two board members, Anver Karim and Shah Jahan Khan, who were elected a
year and a half ago claim that the two new directors elected last
September should be disqualified due to massive proxy fraud and the
court should order a new election.
They were unsuccessful in getting a court order stating that the two
directors that were elected at the September 2013 AGM be suspended from
the board until the March 28 court date.
They were also unsuccessful in getting a court order stopping the
special
owners' meeting to vote on the removal of Mr. Khan from the board which
was scheduled for March 26, two days before the new court date.
However, if Mr. Khan is successfully removed from office, the judge
ordered that the removal will not take effect until after the March
28 court hearing.
Gosal &
Gure's
position
The new board (three out of five directors) want the election results
that were
declared by the AGM chair to be confirmed and the courts to rule that
only the courts, and not a meeting chairman, can re-open an AGM and
overturn the election results.
They also were successful in getting court orders stating that all five
directors must sign all cheques that are required to run the day-to-day
condo affairs until the court decides on the election issue.
A second court order urged all directors to act responsibly until the
March 28 court date.
Special
Owners Meeting
The Special Owners Meeting was held in the party room in the basement
of 320 Dixon Road. Prior to the start of the meeting, someone phoned
the city to complain that the board called for an owners meeting that
evening but the room was too small to hold the number of
people that were expected to attend. The fire department checked out
the size of the party room and authorized the meeting to proceed.
Unlike the last owners meeting that was called to remove Khan from the
board, the requisitionists were able to meet quorum so the meeting was
held. However, they did not have the required 50% plus one of all the
owners to vote in person or by proxy to remove Khan from the board.
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