04/06/2020 – Jurisdiction Ontario
Part 70 published on 01/06/2020
Courts grants compliance order against owner. Court also grants permanent injunction restricting owner’s communications
The Court had previously ordered Mr. Friend to cease and desist conduct that contravenes the Condominium Act and the corporation’s Declaration, By-laws and/or Rules, “namely conduct which risks the health and safety of the employees, contractors and residents of CC 671”.
The Court had also granted an interlocutory injunction, for the duration of the proceeding, prohibiting Mr. Friend, “directly or indirectly from communicating verbally or in writing with employees, contractors, members of the Board of CC 671, the spouses and family members of its Directors”, subject to certain exceptions listed by the Court.
[See Condo Cases Across Canada, Part 67, September 2019.]
Due to Mr. Friend’s further misconduct, the condominium corporation brought this application for a further compliance order against Mr. Friend and for a permanent injunction to restrict Mr. Friend’s communications. The Court granted both orders.
The condominium corporation did not request, and was not granted, an order for forced sale of the owners’ units. However, the Court stated as follows:
Mr. Friend should understand however that this court would have seriously considered the need for an order for the forced sale of their units given his history of repeated serious breaches of the Act and governing Condominium documents, had that relief been requested and had Mrs. Friend been a party to this application.
The Court granted the condominium corporation leave to add Mrs. Friend as a party and to seek an order for forced sale of the units.