Part 47 published on 01/09/14
Court orders eviction of owner
The unit owner, Mr. Chevalier, had repeatedly violated the Condominium Act, 1998 and the declaration, by-laws and rules of the condominium corporation. He had also contravened previous Court orders. His tenant, Mr. Basmadji, had also contravened the Act, declaration, by-laws and rules. The Court had previously ordered his eviction.
The Court ordered that Mr. Chevalier vacate the unit. The Court said:
In this case, it is obvious that previous court orders have been insufficient to control the unacceptable and antisocial behavior of the Respondents. Their actions have presented a series of health and safety issues for other residents, management, visitors and contractors at the Condominium Corporation.
It is apparent that the Respondent, Yves Chevalier, suffers from a mental illness. I appreciate that it would be a hardship for him to vacate his unit which will probably be sold. Nevertheless, I am advised by the (Office of the Public Guardian and Trustee) that he is not without resources. There have been at least three previous court orders for costs which have been added to the common expenses for his unit. These have been paid by the (Office of the Public Guardian and Trustee) on behalf of the Respondent. Further orders for the costs will continue to jeopardize his remaining assets and make his continued occupancy of the unit impossible in any event.