For those following the case opposing a Durham condominium corporation to its former director Leslie Swan, the Court of Appeal has issued its decision on question of costs. Unfortunately, we will have to wait a while longer before we find out who gets to pay the piper, as the Court of Appeal has referred the question of costs back to the application judge.
The virulence of the dispute opposing this former director to the rest of the board (and by extension to the condominium corporation and its owners) is uncommon and troubling. Swan, an owner and elected director, appeared to strongly oppose the corporation’s decision to retain a specific property manager. The tone at board meetings and in email communications escalated and became threatening, insulting, confrontational and accusatory. One of the director requisitioned a meeting of the owners to have Swan removed on the basis that he had failed to “act honestly and in good faith” and that he had “failed to exercise the care, diligence and skill” of a reasonably prudent person. Swan commenced some 7 defamation court proceedings (some on behalf of the corporation, some against it, but most against other directors and against the property manager). All of the claims commenced on his own behalf were dismissed. He appealed all of these decisions. Swan was eventually removed as a director at the owners’ meeting. In parallel, there was a dispute surrounding a satellite dish Swan had attached to the common element roofs.
