The Courts will apply the business judgment rule where the decision of a condominium board is challenged. The rule provides that as long as a director’s decision is found to of been within the range of reasonable choices that could’ve been made in weighing conflicting interests, the court will not go on to determine if the decision was a perfect one. As long as a board asked fairly and reasonably court will not second-guess its decision. These principles were applied to a case where condominium unit owners challenged a condominium rule which prohibited leases having terms of less than six months.
Kumar v TSCC No. 2492 2020 ONSC 956 (Canlii) Comments are closed.
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