The condominium corporation had an “adults only” by-law. The owner purchased a unit and moved in with a minor son. The board demanded compliance with the by-law, asking that the minor leave the condominium by July 6, 2014. The owner was not able to meet that deadline. The owner made attempts to sell without initial success. The corporation ultimately started this application to evict the minor. Before the Court’s decision was rendered, the unit was sold and the eviction issue then became moot. However, the Court still had to decide further issues, namely the rights of the condominium corporation to fines and costs. The board had imposed fines (for non-compliance with the by-law) beginning January 1, 2015.
The Court held that there was no proper purpose for the board’s imposition of fines. The Court said:
The fines levied here appear to be pointless except, possibly, from the standpoint of deterrence. Otherwise the decision seems to be punitive and to serve no useful purpose. It might have been different if Ms. Schultz was unwilling to comply.
The Court therefore dismissed the condominium corporation’s application for fines and for recovery of costs.
