28/06/2019 – Jurisdiction Ontario
Part 67 published on 01/09/2019
Courts makes various interim orders to prevent ongoing harassment by the owner
The condominium corporation had asserted a claim for arrears against the owners. In that claim, the corporation brought a motion seeking certain orders respecting the conduct of Anthony Friend (one of the owners of the unit).
The Court found that, over a number of years, Mr. Friend had engaged in a pattern of conduct that was determined by the Court to constitute harassment under the Occupational Health and Safety Act and also to contravene Section 117 of the Condominium Act. The Court said:
Actions constituting OHSA workplace harassment by Mr. Friend include:
(a) him making unwarranted allegations of misconduct against the Property Manager of CC 671;
(b) him physically applying physical force without consent to Directors of CC 671: Toronto Standard CC 671Court No. 2395 v. Wong, 2016 ONSC paras. 7-8, 11 and 13;
(c) his constant aggressive emails and complaints to CC 671 personnel; and
(d) his correspondence to the Property Manager as an employee of CC 671, which contain “insults, …., name-calling, coarse language and rudeness” as well as his verbal abuse of such employees: York CC 671 Corp. No. 163 v. Robinson, 2017 ONSC 2419 (CanLII), paras 2, 3 and 13.
…
The court declares that Mr. Friend’s above physical misconduct and his campaign of aggression constitute:
(a) workplace harassment of the Property Manager as defined in the OHSA; and
(b) a breach of s. 117 of the Act, as his conduct includes harassment, intimidation, verbal abuse and physically assault of Directors, personnel associated with and residents of CC 671.
Mr. Friend was ordered to cease and desist conduct that contravenes the Condominium Act and the corporation’s Declaration, By-laws and/or Rules, “namely conduct which risks the health and safety of the employees, contractors and residents of CC 671”.
The Court also granted an interlocutory injunction, for the duration of the proceeding, prohibiting Mr. Friend, “directly or indirectly from communicating verbally or in writing with employees, contractors, members of the Board of CC 671, the spouses and family members of its Directors”, subject to certain exceptions listed by the Court.