08/04/2021 – Jurisdiction Ontario
Part 74 published on 01/03/2021
Owner with a disability had committed harassment
An owner in the condominium had harassed and threatened other residents and contractors hired by the condominium corporation. He also refused to allow the condominium corporation to gain access to his unit in order for the corporation to fulfill its objects and duties. The owner claimed that, due to a disability, he was “triggered” by certain circumstances; and he said that his actions were largely the result of these triggering events. He claimed that he had not been properly accommodated.
The condominium corporation applied to Court, seeking restrictions upon the owner’s methods of communications with other residents and with the condominium corporation’s contractors, and also granting access to the owner’s unit. The Court granted the requested orders. The Court said:
A demand for accommodation is only one side of the community living equation. People are required to recognize Mr. Mills’ disabilities and aid him accessing their goods and services to the point of undue hardship. But the duty to accommodate does not eliminate altogether the other parties’ rights and the need for Mr. Mills to obey the law and the rules of the condominium. A right to accommodation to participate in the community is not license to harass, oppress, or unilaterally dictate rules for how the condominium community behaves.