04/05/2021 – Jurisdiction Ontario
Part 74 published on 01/03/2021
Court orders owners to comply with condominium’s governing documents.
The Court held as follows:
- the respondents (owners) contravened the corporation’s rule prohibiting noise that disturbs the comfort and enjoyment of others, and thereby breached s. 119 of the Condominium Act;
- the respondents breached s. 117 of the Condominium Act by engaging in aggressive and harassing behaviour;
- the respondents failed to comply with the City’s Mask By-law and have thereby breached s. 117 of the Condominium Act; and
- Nastasiya Yakovleva contravened the corporation’s rule prohibiting parking on the common elements, and thereby breached s. 119 of the Condominium Act.
The Court ordered that the owners cease the above violations and comply with the condominium corporation’s governing documents.
The Court also said:
CCC 32 is not seeking, at this time, the forced sale of the respondents’ units. However, in the event the respondents fail to comply with this order, the corporation requests leave to file affidavit evidence attesting as to any future breaches by the respondents and seek an order authorizing CCC 32 to be permitted to sell the respondents’ units. Similar relief was ordered by the court in Ottawa-Carleton Standard Condominium Corporation No. 671 v. Friend, 2020 ONSC 3515. In my view, having regard to the nature of the respondents’ breaches and the effect the respondents’ behaviour has had on the CCC 32 community, such an order is appropriate here. Leave is granted to CCC 32 to file additional affidavit evidence of future breaches and to seek an order, on notice to the respondents, authorizing the sale of the respondents’ units.