August 1, 2024:
- YCC76 sought to block TMP and Crescent Town Club Inc. (CTC) from amending a 99-year lease, which included the disputed lands, claiming a leasehold interest and recreational rights.
- The court dismissed YCC76's application, finding no legal basis for its claim to a leasehold interest in the disputed lands.
- It also rejected YCC76's assertions regarding the board approval process of the lease amendment, ruling that the approval did not require a unanimous vote and was valid under the Not-for-Profit Corporations Act.
- YCC76 did not prove any actual prejudice regarding the amendment, nor did it establish any oppressive conduct by the respondents.
October 1, 2024:
- Following the dismissal, the court awarded costs to the respondents.
- TMP and Pinedale Properties Ltd. were granted $58,655.44 in costs, while CTC received $35,008.44.
- The court rejected YCC76's arguments for reduced costs, asserting that their litigation was not of public interest or novel, and condominium corporations should anticipate cost risks in legal actions.
Final Outcome:
YCC76's claims were rejected in both decisions, and they were ordered to pay a total of $93,663.88 in costs to the successful respondents.