corporation has received from the declarant under subsection 147 (5) with respect to the phase
that contains the unit unless the declarant,
(a) has completed all phases described in the disclosure statement; and
(b) no longer owns any of the units in the phases except for the part of the property
designed to control, facilitate or provide telecommunications to, from or within the
property. 1998, c. 19, s. 148.
Corporation’s remedy149. (1)
The declarant shall not register the amendments to the declaration and description
required for creating a phase until at least 60 days after delivering to the corporation,
(a) a copy of the disclosure statement delivered to a purchaser of a unit in the corporation
most recently before the registration of the declaration and description;
(b) a copy of the proposed amendments to the declaration and description required for
creating the phase; and
(c) a statement specifying all differences between the proposed amendments to the
declaration and description required for creating the phase and the following matters
with respect to the phase that were described in the disclosure statement mentioned in
1. The matters described in subclauses 147 (1) (d) (ii) and (iv).
2. The matters described in subclause 147 (1) (d) (iii) if they differ from the
proposed amendments to the declaration and description required for creating the
phase for a reason other than a change in the number of units included in the
phase. 1998, c. 19, s. 149 (1).
Application for injunction(2)
Before the earlier of the registration date of the proposed amendments to the
declaration and description required for creating a phase and 60 days after receiving the
documents described in clauses (1) (a), (b) and (c), the corporation may make an application to
the Superior Court of Justice for an injunction to prevent the registration if any of the differences
described in clause (1) (c) are material and detrimentally affect the corporation or the use and
enjoyment of the property by the owners. 1998, c. 19, s. 149 (2); 2000, c. 26, Sched. B, s. 7 (7).
Grounds for injunction(3)
If the court is satisfied that the grounds for the application exist, it may grant the
injunction or award damages to the corporation. 1998, c. 19, s. 149 (3).
Contents of order(4)
The court may include in the order all provisions that it considers appropriate in the
circumstances. 1998, c. 19, s. 149 (4).
Restriction on declarant(5)
If the corporation makes an application for an injunction under subsection (2), the
declarant is not entitled to register a declaration and description to create a corporation on the
land to be included in the phase, instead of registering the amendments required for creating the
phase, unless 120 days have passed after the court has made a final disposition of the application
for the injunction. 1998, c. 19, s. 149 (5).