Will there be appeals?
There may be some appeals to the courts as being kicked off the board
is a serious blow to one's self-esteem and some deposed directors will
want a judge to overturn the decision.
However, Justice J.R. McCarthy in the Gordon vs YRCC #
judgment implied that he was reluctant to get involved in messy, time
consuming and costly trials involving condominium Ethic Reviews.
He stated the the majority of owners democratically voted for this
bylaw so they must have wanted it.
He ruled: "The court should accept the Board`s decision unless it has
acted capriciously or unreasonably. I do not believe that this court
should usurp the powers of the Board entrusted to it by the members of
the corporation to conduct a proper ethics review of its own."
standard for correctness?
The judge stated that an Ethics Review "is not a judicial review of a
statutorily created and defined administrative tribunal charged with
adjudication under a statute. The standard of review for correctness
and errors in law are not at play in this Application and may not be
applicable. Second, there are no findings, conclusions or otherwise
made by the Board to even review."
He went on to say: "... it would not be an economical use of the courts
resources to embark on such a exercise. (Fifth), even if such an
exercise were to be undertaken, a trial of an issue would be required
since the weighing of evidence and assessment of credibility might be
the only proper context in which to carry out such an exercise."
So all Mr. Gordon got was a ruling that the Ethics Review was not fair
and it violated principles of natural justice and procedural fairness.
He was not reinstated back on the board but instead, the board was
ordered to redo the Ethics Review and this time do it properly.
What is written above is just my opinion. Any director that has been,
or feels that he may be, kicked off the board by an Ethics Review,
should get legal advice from a lawyer who is experienced in condominium