Meeting Challenges

The Annual General Meeting (“AGM”) for a condominium corporation is a very important event. In some cases, it is the only time in the year when the owners gather to conduct the affairs of the condominium. The role of the AGM Chair in conducting the meeting, and going through the business of the meeting, cannot be understated! Furthermore, as far as elections and voting is concerned, certain key principles must be kept in mind.

A recent case of the Ontario Superior Court (YCC No. 42 v. Gosal) has provided confirmation or guidance in relation to the role of the AGM Chair, and certain key principles governing elections at AGMs:

1. The Chair’s role is concluded when the meeting is complete.  Any subsequent challenge to the meeting process is a matter for the Courts.
2. Any concern which an owner may have about a proxy (including validity of a proxy) or voting rights at a meeting of owners should be expressed promptly, and normally at the meeting in question.
3. An election should only be set aside if the voting results can be shown, on a balance of probabilities, to be inaccurate. An allegation or possibility of a problem is not sufficient to set aside an election.
4. The votes, or proxies, in question which are challenged must be shown to have a material impact on the election results, in order for a challenge to be successful.