Part 51 published on 01/08/15
Owner failed to meet obligations to repair and maintain unit, including failure to prepare unit for bed bug treatment
The Court found that the owner had failed to property maintain and repair his unit as follows:
a) By permitting the Unit to become excessively cluttered and unsanitary;
b) By failing to properly clean the Unit and prepare it for bed bug treatment.
The Court also found that the owner was in breach of section 117 of the Condominium Act because there was a risk of harm to others. The Court said:
The bed bug infestation is a condition which is conducive to propagation and spread to other units…
The Court ordered that the owner immediately prepare the unit for treatment of bed bugs. Failing such (after 30 days) the condominium corporation would be authorized to carry out this work, and then to attend to the required pest control treatment. The Court said that the owner was responsible to pay all of the related costs for preparation of the unit and for carrying out the required pest control treatment. The condominium corporation was also awarded costs of the court proceeding on a substantial indemnity basis.