Key Facts:

• Enhanced Care Pharmacy operated in a condominium building at 7163 Yonge St., Thornhill (Building Two) under a sublease.
• World Medpharm held an Exclusive Use Agreement granting the sole right to operate a pharmacy in Buildings One and Two, as established by the Declarant (Liberty Development Group).
• Building declarations prohibited pharmacy operations without Declarant consent, enforced by World Medpharm as its agent.

Procedural History:

• World Medpharm initiated an application to enforce the exclusive-use provision.
• The application judge ruled in favor of World Medpharm, directing Enhanced Care to cease operations per the Condominium Act, 1998, s. 134.
• Enhanced Care's appeal argued five main grounds but was dismissed.

Appeal Grounds and Court Analysis:

1. Lease Agreement Weight: Enhanced Care claimed it was unaware of the prohibition despite lease terms. The court upheld the application judge's reliance on the lease's text over conflicting testimony.
2. Standing of Respondents: The appellants contested World Medpharm's standing to enforce the declaration. The court affirmed the Declarant's authority to appoint an agent for enforcement.
3. Discretion Not Exercised: Enhanced Care argued the Exclusive Use Agreement held minimal value due to neighborhood competition. The court deferred to the application judge's discretion and found no misapplication of principles.
4. Patient Harm: Enhanced Care's argument on public health grounds was rejected due to lack of evidence of third-party harm.
5. Pharmacy Definition: The court dismissed the contention that Enhanced Care’s operations did not qualify as a pharmacy under the declaration.

Disposition:

• Appeal dismissed.
• Costs awarded to respondents ($15,000).