25/05/2021 – Jurisdiction Ontario
Part 74 published on 01/03/2021
Court orders termination of tenancy effective September 30, 2021. Court also orders owner and tenant to cooperate in relation to corporation’s rights to enter unit.
The owner’s tenant had, in various ways, contravened the Condominium Act and the condominium’s governing documents. Among other things, the tenant had confronted and threatened other residents, contravened the corporation’s pool Rules, made various unauthorized modifications to the common elements, improperly stored items on the balcony and in the parking space, and refused to allow the condominium corporation to enter the unit (as required to fulfill the corporation’s objects and duties).
The Court ordered that the tenancy be terminated on a specified date (September 30, 2021). The Court also ordered that the owner and tenant comply, in the meantime, with the corporation’s governing documents. Among other things, they were ordered to permit the corporation to access the unit for the objects and duties of the corporation.
The condominium corporation also requested an order that – in the event of a cost award in favour of the condominium corporation – the corporation would be permitted to add such costs to the owner’s common expenses (and therefore recover them by way of lien against the owner’s unit). The Court said that such an order is unnecessary because of Sections 85(1) and 134 (5) of the Condominium Act, but nevertheless agreed to grant the order.