York Condominium Corp. No. 78 v. Stein (Ontario Superior Court)

An Owner made extensive renovations to the owner’s unit, which included changes to the common elements.  Some of the owner’s work also posed a potential safety hazard.

The Court held that the owner was in violation of the Condominium Act and ordered that the condominium corporation be granted access to the unit for the following purposes:

a)      To identify all unauthorized additions and/or alterations to the common elements;

b)      To restore any such unauthorized additions and/or alterations to their original condition; and

c)      To determine whether the current state of the unit posed any safety risks.

The Court also held that mandatory mediation and arbitration did not apply to this dispute, because it dealt with violations of the Act.