Will the courts remove directors?

As this case shows, the courts are very reluctant to remove a director.

York Condominium Corporation No. 137 v. Hayes
August 2012

The respondent, a director on the board of directors, assaulted three residents, left a threatening phone message with a fellow director and verbally abused a resident over a four-month period.

In response, the board tried to have a Superior Court justice:
1. Bar her from all the common elements aside from access to & from her unit.
2. Bar her from communicating with any condo residents or employees.
3. Have the court remove her from the board.
4. Force her to vacant and sell her unit.

The board failed on most points and only succeeded in getting a restraining order demanding that the respondent behave herself.

This is a big win for condo owners as the judge decided that it up to the owners to remove a director and it confirms that the courts may be very reluctant to kick a director off the board.

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