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TSCC No. 1556 and No. 1600 v. Owners of TSCC No. 1556, et al.
Ontario Superior Court of Justice
Court File No: CV-17-573434 & CV-17-573435
Before: Justice Akbarali
Date: 02 November 2017
78–80 Harrison Garden Blvd
North York (near Yonge Street & Highway 401)
Two sister condominium corporations seek an order amending their
declarations to eliminate provisions, deliberately inserted into the
declarations by Tridel, the developer, that expressly permit transient,
short-term rentals within the condominiums.
Two owners, who’s lawyers were retained by DelSuites, an affiliate of
Tridel, challenged the condo corporation’s attempt to pass rules that
would override the provisions in the declarations that allow short-term
(Tridel affiliated companies at those condos include Del Property Management, Del Rentals and DelSuites.)
In a nutshell, the judge ruled that the condo corporations could not amend the lawful provisions in the declaration.
He went on to say that if the condo corporations want to override the
residence provisions of the declaration, they would need to get 80% of
the owners to agree. If the they think that it would be too difficult
to meet the 80% threshold, then they could persuade Queens Park to
lower the threshold by changing the Condo Act..
The applications were dismissed. The declarations are not inconsistent
with the Act, the municipal zoning by-law or the restrictive covenant.