Justice Penny’s decision

Justice Penny sent the parties his decision on 03 April 2014. It contained three important rulings.

1. The chair cannot rescind final election results weeks after his decision
    was made.
2. The courts will not overturn an election results without good cause.
3. The courts gave strict rules for the use of proxies at the condo's next AGM.

He also stated the following:

1.	Two directors wanted the election results overturned for personal reasons.
2.	The outgoing property manager worked with two directors to have the AGM election results overturned.
3.	Mr. Campbell was an unwitting pawn in a power struggle surrounding control of the board and the manager's attempts not to lose the property management contract.
4.	Shah Jahan Khan, one of the applicants, was the only person who had tampered with the proxies.

Costs
Both sides submitted arguments on costs. Derrick Fulton asked that the condo corporation pay the full costs for both sides. Carol Dirks countered that Anver Karim and Shah Jahan Khan should personally bear the corporation's costs as they made this application without the full board's approval.

Justice Penny ruled that Anver Karim and Shah Jahan Khan shall pay the corporation $30,000 for it's partial indemnity costs and that YCC #42 can add the costs onto their common element fees and lien their units if required.


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