Locations: YRSCC 1247 and YRSCC 1279 at "World on Yonge," Yonge Street, Markham.
Issue: The Declarations of both condominiums require the Declarant's consent to operate a pharmacy.
Agreement: Medpharm had an Exclusive Use Agreement to operate the only pharmacy within "World on Yonge."
Violation: Enhanced Care operated a pharmacy without consent, claiming ignorance of the Declaration's terms.
Legal Action: Medpharm sought enforcement of the Declaration to stop Enhanced Care’s pharmacy operations.
Court Orders
Application Judge: Ordered Enhanced Care to cease operating the pharmacy and comply with the Declaration (Feb 27, 2024).
Appeal and Stay Motion: Enhanced Care appealed and sought a stay of the order pending appeal.
Legal Analysis
Test for Stay Pending Appeal:
Serious Question: Appellants must show a serious question for appeal.
Irreparable Harm: Must prove harm that cannot be remedied if the stay is not granted.
Balance of Convenience: Weighs harm to both parties from granting or refusing the stay.
Application of the Test:
Merits: The application judge's decision was discretionary and focused on clear prohibition of pharmacy use without consent. Appellants did not provide compelling grounds for appeal.
Irreparable Harm: No evidence of irreparable harm to appellants, only potential financial harm mitigated by indemnity agreements.
Balance of Convenience: No evidence of significant harm to Enhanced Care, and the status quo had been maintained for nearly two months.
Conclusion
Motion for Stay: Denied.
Costs: Appellants to pay $7,500 to Medpharm. No costs awarded for or against YRSCC 1247.
