Part 32 published on 01/11/10
Court has power to order eviction of owner, but declines to do so in this case
On appeal, the Alberta Court of Appeal held that the condominium corporation could properly seek an order for eviction of a noisy owner, even though this remedy was not specifically included in the corporation’s by-laws. The Court of Appeal said: The chambers judge erred in concluding that eviction is not available under ss. 67(2)(f) (of the Condominium Property Act).
The Court of Appeal also said:
The power of eviction against an owner is an extraordinary one, and one which undoubtedly should only be exercised in exceptional cases, and when other incremental remedies have failed.
The Court of Appeal concluded that “the record does not justify the remedy of eviction” in this case. The owner was ordered to stop making noise which unreasonably interferes with other residents, and the Court said: In the event that there is any breach of that order, the condominium corporation may apply on notice to the Court of Queen’s Bench to determine what further procedures or remedies are appropriate.