Recent Superior Court of Justice ruling on harassment + CAO’s new anti-harassment sample rule
A condominium owner in Toronto was recently given a last chance to stop their behaviour or else vacate and sell their unit within 120 days. The owner had a lengthy history of harassment and had previously been charged in court for these misdeeds.
Justice Paul Perell’s decision noted that an eviction order necessitates that the court be satisfied that an owner poses a serious risk to the health and safety of the community, is likely to cause damage to the property of the condo corporation or is generally unsuited for communal living.
The owner had made verbal threats to the corporation’s staff, damaged property, exposed himself to staff, allowed his dogs to roam freely and befoul the common elements and didn’t allow routine fire inspection and repairs in his unit. Many incidents were captured in the building’s CCTV security cameras.
The owner was also ordered to, among other things, pay over $37,000 in costs and damages, stay ten feet away at least from any member of the community, follow the condo’s governing documents and only communicate with the corporation in writing.
This is an important case for all condo communities that should be read carefully as it provides important insight into that the types of circumstances in which a condo corporations can evict ungovernable owners.
This rare order by the SCJ comes at the heels of increased focus among condo communities on harassment issues. The CAO recently hosted a conflict resolution webinar and heard from attendees that harassment issues in condos are top of mind.
One of the requests from many attendees was that the CAO support condo communities by providing anti-harassment rule samples for corporations.
We are now pleased to share this with you! Condo corporations can review this sample and consider how it can be adapted to their unique needs as they work to de-escalate difficult situations between condo community members. Make sure to take the survey and tell us what you think once you’ve read it.
Remember! Condo community members can file harassment disputes with the Condo Authority Tribunal only if their corporation has provisions in their governing documents governing harassment and if the issue is not likely to pose a health or safety risk or damage property.
File a case with the SCJ or Landlord Tenant Board if you are seeking an eviction order.
