YCC No. 76 v. 20 The Marketplace
YORK CONDOMINIUM CORPORATION NO. 76
Law Firm / Organization
Deo Condominium Lawyers
20 THE MARKETPLACE LIMITED
Law Firm / Organization
RAR Litigation Lawyers
Lawyer(s)

Ian Jay Cantor

CRESCENT TOWN CLUB INC.
Law Firm / Organization
Dale & Lessmann LLP
Lawyer(s)

John G. Richardson

PINEDALE PROPERTIES LTD.
Law Firm / Organization
RAR Litigation Lawyers
Lawyer(s)

Ian Jay Cantor

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.

Superior Court of Justice - Ontario
CV-22-00682916
Real estate
$ 93,664
Respondent