Part 32 published on 01/11/10
Court orders eviction of owner due to threatening behavior
The Court found that the respondent owner had repeatedly engaged in “extreme” behavior, including the following:
- Physical violence;
- Use of a large aggressive dog to frighten and intimidate;
- Extraordinary verbal abuse of other residents;
- Interference with enjoyment of property as well as actual damage to property.
The Court said that this behavior contravened section 117 of the Condominium Act, 1998.
The Court said:
In short, this case is a “perfect storm” where the misconduct is serious and persistent, where its impact on a small community has been exceptional and where the respondent appears to be incorrigible or unmanageable.
In all these circumstances, it would be unwise to try to re-integrate Ms. Korolekh into a community that fears her and that she has persistently tried to intimidate.
The Court ordered the owner to list and sell her unit within three months of service of the order. The Court also ordered that the owner permanently remove her dog from her unit within 10 days of service of the order.
[Editorial notes: The Court held that mandatory mediation and arbitration, under section 132 of the Condominium Act, 1998, did not apply because the application substantially concerned alleged breaches of section 117 of the Act, and disagreements with respect to the Act are not subject to mandatory mediation and arbitration. The Court also said that the owner had in any event lost the right to request mediation by raising the issue too late in the process. Furthermore, the Court declined to order a trial, choosing instead to decide the matter on the basis of the affidavit evidence.]