Part 25 published on 01/02/09
Court orders sale of unit after lengthy history of problems due to owner’s metal illness
The owner, J.V.M., suffered from paranoid schizophrenia. In the fifteen years that she lived in her unit, her symptoms varied in intensity, but there were numerous problems, including noise (screaming, banging, profanity), foul odours, accumulation of debris in the unit, fire hazards, insect infestations, etc. This “cycle” of problems was expected to continue despite ongoing psychiatric treatment, ongoing support from the owner’s outreach worker and the owner’s limited family support. The Court said that the owner’s illness was a disability under the Human Rights Code. Therefore, the condominium corporation had a duty to accommodate the owner, to the point of undue hardship. The Court said that the condominium corporation had fulfilled this duty.
The Court reviewed the fifteen-year history, which included numerous complaints, unit inspections, dealings with police, dealings with doctors, paramedics and other health officials, dealings with social workers and family members, dealings with fire officials, dealings with sanitation contractors and unit clean-ups, dealings with the Office of the Public Guardian and Trustee, and Court proceedings. Again, the Court said that the condominium corporation had a duty to this disabled owner, but also had obligations to the other owners. The hardship of the accommodation was ultimately borne by the other owners and the Court was required to balance the interests of the disabled owner and all other owners.
The Court was also required to consider a previous Court Order, made in 2004. At that time, another Judge had reviewed the history up to 2004, and had made the following Orders:
- · An Order for regular inspections of the unit, at times to be determined by the condominium corporation;
- · An Order that, in the event of non-compliance with the requirements of the Act and the Declaration, By-laws and Rules of the corporation, “there shall be an Order requiring that the respondent vacate her unit and list the same for sale”.
Although the owner had subsequently breached the Act, Declaration, By-laws and Rules, the Court, in 2008, ruled that the previous Court Order did not prevent the current Judge from exercising discretion about whether or not the unit should be sold. Nevertheless, the Court went on to decide that the condominium corporation had accommodated the owner to the point of undue hardship (since 2004) and the Court ordered that the owner vacate and sell her unit.
The Court also held that mandatory mediation and arbitration did not apply in this case.