Indexed as:

Corchis v. Essex Condominium Corp. No. 28

Between

Loretta Corchis, plaintiff, and

Essex Condominium Corporation No. 28, defendant (appellant in

appeal), and

London Caulking and Installations Limited, third party, and

Constantine Bach, third party (respondent in appeal)

[1999] O.J. No. 4809

Court of Appeal File No. C31932, Third Party Court File

(Windsor) 98-GD-44338 and Main Action Court File No. (Windsor)

95-GD-32728

 Ontario Court of Appeal

 Toronto, Ontario

Doherty, Laskin and Rosenberg JJ.A.

December 14, 1999.

(2 paras.)

Real property -- Condominiums -- Officers and directors -- Compensation.

Appeal by the Condominium Corporation from an order granting the third party, Bach, compensation.

HELD: Appeal allowed, order set aside and motion dismissed. Bach was a committee member and not an officer or director and therefore was not entitled to compensation.

Counsel:

Raymond G. Colautti, for the appellant.

No counsel mentioned for the plaintiff.

No counsel mentioned for the third party.

No counsel mentioned for the respondent.

The judgment of the Court was delivered by

1 DOHERTY J.A. (endorsement):-- The by-law and the statute provide that officers and directors are entitled to indemnification. The by-law is distinguished between Directors who are elected by the owners; officers who are elected by Directors and committee members who are appointed by the Directors. The respondent was a committee member and not an officer or director and therefore not entitled to indemnification.

2     Furthermore on his own evidence the respondent was not performing a decision making function akin to those normally associated with officers and directors. He was on his evidence gathering information for the Board as it could exercise its decision making power. The appeal is allowed, order below set aside and the motion dismissed. The appellant is entitled to the costs of the motion and the appeal fixed at $5000 total ($2500 for each appearance).

DOHERTY J.A.

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