Ontario Court Rules ONCA Does Not Explicitly Provide Oppression Remedy

In the decision of York Condominium Corporation No. 76 v 10 The Marketplace Limited, released on August 1, 2024, the Ontario Superior Court of Justice dealt with several issues arising from a lease amendment dispute involving land use in Toronto's Crescent Town area, including an oppression claim. The applicant, York Condominium Corporation No. 76 ("YCC76"), sought to challenge an amendment made to a 99-year lease held by Crescent Town Club Inc. ("CTC"), a not-for-profit corporation governed by the Ontario Not-for-Profit Corporations Act, 2010 ("ONCA") and responsible for operating recreational, athletic and daycare facilities for the Crescent Town community. This amendment released CTC's rights over certain "Disputed Lands" in exchange for $500,000 paid by the property owner, Pinedale Properties Ltd. ("Pinedale").