Noguera v. Muskoka Condominium Corporation No. 22
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Judge | MacPherson, Pepall and Lauwers JJ.A. |
| Citation | 2020 ONCA 46 |
| Docket Number | C66412; C66413 |
| Date | 27 January 2020 |
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11 practice notes
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Court Of Appeal Summaries (November 24 ' 28, 2025)
...21, 2022 ONSC 5967, McKinstry v. York Condominium Corp. #472 (2003), 68 O.R. (3d) 557, Noguera v. Muskoka Condominium Corporation No. 22, 2020 ONCA 46, BCE Inc. v. 1976 Debentureholders, 2008 SCC 69, Toronto Standard Condominium Corporation No. 1908 v. Stefco Plumbing & Mechanical Contracti......
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Court Of Appeal Summaries (January 27 January 31, 2020)
...Ltd. v. KJS Transport Inc., 2014 ONCA 1, Whiten v. Pilot Insurance Co., 2002 SCC 18 Noguera v. Muskoka Condominium Corporation No. 22, 2020 ONCA 46 Keywords: Real Property, Condominiums, Oppression, Condominium Act, 1998, SO 1998, c 19, s 32, s40, s 98, s 135, BCE Inc v 1976 Debentureholder......
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Court Of Appeal Summaries (August 10 ' 14, 2020)
...Corporation No. 478 (2007), 60 R.P.R. (4th) 203 (Ont. S.C.), rev'd in part 2008 ONCA 461, Noguera v. Condominium Corporation No. 22, 2020 ONCA 46, Hamilton v. Open Window Bakery Ltd. , 2004 SCC 9 facts: McCarthy Place is a 124-unit condominium building located in Stratford, Ontario. It is a......
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Peel Condominium Corporation No. 96 v. Leuzzi
...under s. 135 generally mirrors the oppression test under corporate law: Noguera v. Muskoka Condominium Corporation No. 22, 2020 ONCA 46 at para 17; Metropolitan Toronto Condominium Corp. No. 1272 v. Beach Development (Phase II) Corporation, 2011 ONCA 667 at paras 5-6. An oppr......
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8 cases
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Peel Condominium Corporation No. 96 v. Leuzzi
...under s. 135 generally mirrors the oppression test under corporate law: Noguera v. Muskoka Condominium Corporation No. 22, 2020 ONCA 46 at para 17; Metropolitan Toronto Condominium Corp. No. 1272 v. Beach Development (Phase II) Corporation, 2011 ONCA 667 at paras 5-6. An oppr......
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Missal v. York Condominium Corporation No. 504
...1272 v. Beach Development (Phase II) Corp., 2011 ONCA 667, 285 O.A.C. 372, at para. 6; Noguera v. Muskoka Condominium Corporation No. 22, 2020 ONCA 46, 10 R.P.R. (6th) 1 (“Noguera (ONCA)”), at para. [70] Oppressive conduct is coercive, harsh, harmful, or an abuse of power. Oppression has al......
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Metropolitan Toronto Condominium Corporation No. 1067 v. 1388020 Ontario Corp.
...remedy “is equitable in nature and seeks to ensure what is ‘just and equitable’”: Noguera v. Muskoka Condominium Corporation No. 22, 2020 ONCA 46, 10 R.P.R. (6th) 1, at para. 18. The question of “[w]hat is just and equitable is judged by the reasonable expectations of the stakeholders in th......
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Baha v. Waterloo North Condominium Corporation No. 37
...The law in this regard is summarized in the judgment of the Court of Appeal in Noguera v. Muskoka Condominium Corporation No. 22, 2020 ONCA 46, as follows (at paras. 17 and 18; emphasis The test for oppression under s. 135 mirrors that for oppression in corporate law generally: Metropo......
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3 firm's commentaries
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Court Of Appeal Summaries (November 24 ' 28, 2025)
...21, 2022 ONSC 5967, McKinstry v. York Condominium Corp. #472 (2003), 68 O.R. (3d) 557, Noguera v. Muskoka Condominium Corporation No. 22, 2020 ONCA 46, BCE Inc. v. 1976 Debentureholders, 2008 SCC 69, Toronto Standard Condominium Corporation No. 1908 v. Stefco Plumbing & Mechanical Contracti......
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Court Of Appeal Summaries (January 27 January 31, 2020)
...Ltd. v. KJS Transport Inc., 2014 ONCA 1, Whiten v. Pilot Insurance Co., 2002 SCC 18 Noguera v. Muskoka Condominium Corporation No. 22, 2020 ONCA 46 Keywords: Real Property, Condominiums, Oppression, Condominium Act, 1998, SO 1998, c 19, s 32, s40, s 98, s 135, BCE Inc v 1976 Debentureholder......
-
Court Of Appeal Summaries (August 10 ' 14, 2020)
...Corporation No. 478 (2007), 60 R.P.R. (4th) 203 (Ont. S.C.), rev'd in part 2008 ONCA 461, Noguera v. Condominium Corporation No. 22, 2020 ONCA 46, Hamilton v. Open Window Bakery Ltd. , 2004 SCC 9 facts: McCarthy Place is a 124-unit condominium building located in Stratford, Ontario. It is a......
