Ontario Superior Court of Justice – Peel Common Element Condominium Corp. No. 739 v. K.S.M. Property Management Inc.

The Plaintiff is a Condominium Corporation and the Defendant was the Property Management Inc. for the said Condominium Corporation and Ms. Layne was the Property Manager for the Condominium Corporation and Defendant. The defendants were terminated by the Plaintiff on September 2, 2011. The Defendant, Ms. Layne is the owner of the Corporate Defendant (KSM). The Plaintiff has made numerous requests to the Defendants to turn over to the Plaintiff the records and documents rightfully belonging to the Corporate Plaintiff. The Defendants have refused. The Question is: Do the Defendants have any lawful right to withhold the Property of the Plaintiff? The short answer is “No”. The Management Agreement between the parties specifically provides that the Condo’s property will be returned to the Condo Corp. upon termination of the Property Management Corp. Having heard argument from both sides, an order shall go pursuant to paragraph 1 (a) + (b) of the Notice of Motion of the Plaintiff dated September 28, 2011.