Ottawa commercial condo, CCC 396 terminated due to oppression of minority owners

In 1987 an older warehouse building was converted into a 33 unit commercial/industrial/storage condominium. The Declaration gave basement storage units voting rights and one family used those units to gain and keep control of the condo corporation.

That flaw in voting rights resulted in 28 years of repeated waves of litigation.

The main question was whether one family’s direct and indirect ownership used that voting control since 1997 for their financial gain at the expense of the condominium corporation and whether that constitutes oppression of the Minority unit owners.

The judge concluded that the majority owner oppressed the minority owners and so he ordered the termination of the corporation.

Conclusion:
(a)
Mr. Burdet has oppressed the Minority unit owners;
(b)
CCC 396 is terminated as a condominium corporation, pursuant to s. 128 or alternative as a remedy for s. 135 oppression;
(c)
Surgeson Carson Associates Inc. is appointed as receiver and manager of CCC 396 to carry out that termination subject to (d) below;
(d)
The interim appointment of CMG as interim Administrator of CCC 396 will continue until the expiration of the appeal period of this decision and during any appeal period and resulting stay of this decision, with the powers and duties specified in the decision of this court dated April 3, 2012, pending the outcome of such appeal accompanied by a stay. CMG’s appointment as interim Administrator otherwise is terminated as of the date hereof;


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