Applicant
Respondent
Background: The case involves World Medpharm Inc. and its subsidiary operating as World Pharmacy, against York Region Standard Condominium Corporations and Enhanced Care Pharmacy, regarding the operation of competing pharmacies in two adjacent condominium buildings, violating exclusive rights.
Facts: World Medpharm Inc. held an Exclusive Use Agreement granting them the sole right to operate a pharmacy within the World on Yonge development, which includes both contested buildings. Enhanced Care Pharmacy began operations in the second building, allegedly breaching this agreement.
Issues/Main Discussion: Key issues include whether the court should enforce the exclusive use provision, the breach of condominium declarations, and the potential for an oppression remedy due to these actions.
Ruling: The court ordered the respondents to comply with the condominium declaration, prohibiting the operation of a pharmacy without consent from the declarant, but withheld a decision on a permanent injunction until the cross-oppression remedy applications are heard together.
Amount Awarded: The court awarded costs to the applicants ($20,000) and YRSCC 1247 ($20,000) in a total of $40,000.00, to be paid by the respondents. The final outcome on the oppression claims and potential further costs is pending a future hearing.
Court
Superior Court of Justice - OntarioCase Number
CV-23-00707878Practice Area
Real estateAmount
$ 40,000Winner
ApplicantTrial Start Date