Choosing the candidate
When both the applicant and the respondents agree that an administrator is required, they may then disagree on who should be appointed.

      We have contestants and a judge so it must be a beauty contest

Why two candidates?
“You dance with the one that brung ya”
—Brian Mulroney

If either the board or a group of owners makes an application seeking an administrator, I can understand why the other side would put forward a different candidate.

The owners' group feel that an administrator picked by the corporation's lawyer and the board will be in debt to the directors and the owner's best interests may not always be served. A condo in administration is a gold mine for a law firm.

If the owners go to court to seek an administrator, the board—with good reason—may feel that the owner-appointed administrator will replace the corporation's lawyer, the property manager and some of the contractors.

The directors may also worry that an administrator chosen by the owners may sue the directors for failing to perform their duties with the care, honestly and good faith required under Section 37 of the Act. They may believe, with good reason, that if their champion is selected, they will be granted immunity.

Who decides?
The judge makes the decision, after all the administrator will report to the court not to the owners, but the parties are the ones who submit the candidates for the position. So it turns into a bit of a beauty contest where the lawyers on both sides stress their candidate's strengths and they may discredit the other candidate's qualifications or suitability for the position.

Vested interests
In theory, the lawyers, the board and the owners would be interested in having the best qualified person appointed as administrator but private interests may intervene. After all the administrator will have all the powers that the board has so all contractors and employees hired by the corporation may feel, justifiably or not, that their positions are at risk.

For this reason, both sides in this dispute want their champion appointed.

The lawyers may raise the following points:
Are the candidates equally qualified for the position?
Do the candidates have equal or similar experience?
Hourly fees. Is one asking significantly more than the other?
Is there important differences in additional charges and disbursements
Do the candidates live and work some distance from the condo? In an emergency could travel time become a factor?
Backup resources. Does one candidate have backup staff that can fill in to cover during emergencies if the candidate is on vacation or ill?
Do the candidates have references, good or bad, from other condo corporations where they worked as administrators?
Are the candidates insured?
How long do the candidates think that the condo corporation will remain in administration?
(Is the candidate looking at this position as a long-term job.)
If political turmoil on the board and among the owners has been a problem, are the candidates capable in preparing the corporation for a return to democracy?

The owners
The owners have a say. If they appear in court and ask to be heard, the judge will listen to them. They cannot ramble on about issues not dealing with the appointment, or repeat statements that have already been made but they do have a right to speak and their views will be taken seriously.

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