PROCEEDINGS - Appeals and judicial review

Law360 Canada (November 22, 2023, 6:47 AM EST) -- Appeal by Mason from order requiring him to deliver vacant possession of his residential suite to The Mansion House Estates Ltd. (“MHE”) and to surrender all his shares in MHE’s capital stock to MHE. Mason argued that the chambers judge committed an error of law in declining to grant him relief from forfeiture. MHE, an Apartment Corporation, held legal title to the land and building where each tenant, including Mason, was a shareholder with a right to occupy a particular apartment unit under a long-term lease with MHE. In an Extraordinary General Meeting of its shareholders, MHE shareholders overwhelmingly voted to terminate Mason’s lease because of his objectionable conduct. Mason refused to vacate the suite. MHE filed the petition for Mason’s wrongful refusal to give up possession of the suite. Mason denied breaching certain House Rules. The chambers judge concluded Mason deliberately and repeatedly violated the House Rules and his conduct supported termination of the Lease. He characterized Mason’s refusal to remove his personal property from the fire escape stairwell as particularly egregious, noting that it posed a potential safety risk for the other occupants of the building. The chambers judge concluded that Mason’s Lease with MHE was validly terminated, granted the petition, ordered that Mason vacate the premises, and surrender his shares so they may be sold by MHE at fair market value to a new owner. In support of his appeal, Mason sought the introduction of new evidence in the form of an affidavit sworn by his nephew....
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