Gordon vs YRCC # 818—Appeal
Court of Appeal for Ontario
Docket: C57685
21 July 2014

A fresh ethics review was conducted, as ordered by the application judge, and Mr Gordon was disqualified for a second time.

Mr Gordon advanced three arguments on appeal. He  argued that the provisions of By-law No. 9 permitting the board to determine whether a director has violated the Directors’ Code of Ethics are contrary to s. 56(6) of the Condominium Act, which requires that by-laws be reasonable.

Second, and in the alternative, he argues that such provisions are inconsistent with the democratic principles of condominium governance reflected in the Act as a whole, namely that by-laws be consistent with the Act.

Third, he argues that the application judge in any event erred by not immediately re-instating him.

All three arguments failed.

The appeal was dismissed with costs to the condo corporation fixed at $8,500

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