SUPERIOR COURT OF JUSTICE - ONTARIO - Divisional Court - Court File No.: 135/07 - Date: 2007-08-13 - Heard: May 28, 2007
Between: Labourview Co-operative Homes Inc. and Krista Burk (Applicants) - and- The Corporation of the Municipality of Chatham-Kent and Horwath Orenstein Inc., in its capacity as a Receiver and Manager of Labourview Co-operative Homes Inc. (Respondents)
Before the Hon. Justice Lane, Jennings And Brockenshire
BY THE COURT:
[38] "For these reasons, we conclude that, no "triggering event" having occurred, Chatham-Kent had no jurisdiction to intervene in the management of the Labourview Co-operative, and its decision to do so must be quashed In view of this decision, it is not necessary to consider the other grounds raised by the applicants, based on whether the receivership was a reasonable response to the facts, and whether the rules of procedural fairness were breached."
DECISION
[39] "We grant the application for judicial review, and as requested grant an order: i) quashing the decision made by Chatham-Kent to appoint the receiver over Labourview pursuant to s. 116(1) of the SHRA; ii) declaring that a receiver and manager over Labourview is not justified under the SHRA and discharging the receiver."
Please note that the 10-page or 39 paragraph Court decision can't be reviewed at CanLii.org at this point-in-time.
SUPERIOR COURT OF JUSTICE - ONTARIO - Divisional Court - Court File No.: 135/07 - Date: 2008-11-14
Between: Labourview Co-operative Homes Inc. and Krista Burk (Applicants) -and- The Corporation of the Municipality of Chatham-Kent and Horwath Orenstein Inc., in its capacity as Receiver and Manager of Labourview Co-operative Homes Inc. (Respondents)
Before the Hon. Justice Jennings And Brockenshire
BY THE COURT
DECISION ON COSTS
Review all 6-pages or 13 paragraphs of the Court decision:
CANLII.ORG
http://tinyurl.com/6xkjzy9
---------------------------------------------------------------------------------------
No comments:
Post a Comment