Gordon vs YRCC # 818—Appeal
Court of Appeal for Ontario
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