Nipissing Condominium Corporation No. 24 v. Smrke (Ontario Superior Court of Justice)

16/08/13 – Jurisdiction Ontario
Part 36 published on 01/12/11
Corporation granted temporary possession of unit in order to remedy unsafe conditions

The unit was unsafe in that it contained excess materials.  The Court agreed that the unsafe condition contravened the Condominium Act and granted the corporation temporary possession of the unit in order to attend to the required clean up.  After the clean-up was complete, the owner was permitted to re-occupy the unit, but was required to pay the corporation’s clean-up and legal costs. 

The Court also ordered that the corporation thereafter be permitted to carry out regular inspections of the unit.