67 Court ordered remedy
(a) "improper conduct" means
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(i) non-compliance with this Act, the regulations or the
bylaws by a developer, a corporation, an employee of a
corporation, a member of a board or an owner,
(ii) the conduct of the busine ss affairs of a corporation in a
manner that is oppressive or unfairly prejudicial to or
that unfairly disregards the interests of an interested
party,
(iii) the exercise of the powers of the board in a manner that
is oppressive or unfairly prejudicial to or that unfairly
disregards the interests of an interested party,
(iii.1) the conduct of an owner that is oppressive or unfairly
prejudicial to the corporation, a member of the board or
another owner,
(iv) the conduct of the business affairs of a developer in a
manner that is oppressive or unfairly prejudicial to or
that unfairly disregards the interests of an interested
party or a purchaser or a prospective purchaser of a unit,
or
(v) the exercise of the powers of the board by a developer in
a manner that is oppressive or unfairly prejudicial to or
that unfairly disregards the interests of an interested
party or a purchaser or a prospective purchaser of a unit;
(b) "interested party" means an owner, a corporation, a member
of the board, a registered mortgagee or any other person
who has a registered interest in a unit.
(2) Where on an application by an interested party the Court is
satisfied that improper conduct has taken place, the Court may do
one or more of the following:
(a) direct that an investigator be appointed to review the
improper conduct and report to the Court;
(b) direct that the person ca rrying on the improper conduct
cease carrying on the improper conduct;
(c) give directions as to how matters are to be carried out so
that the improper conduct will not reoccur or continue;
(d) if the applicant suffered loss due to the improper conduct,
award compensation to the applicant in respect of that loss;
(e) award costs;
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(f) give any other directions or make any other order that the
Court considers appropriate in the circumstances.
(3) The Court may grant interim relief under subsection (2)
pending the final determination of the matter by the Court.
(4) Where an action brought against a member of the board for
damages caused by an act or omission of the member acting on
behalf of a corporation does not result in a judgment against the
member, the Court may award costs on a solicitor-and-client basis
in favour of the member.
RSA 2000 cC-22 s67;2009 c53 s40;
2014 c10 s45;2024 c20 s1(30)