29/05/2018 – Jurisdiction Ontario
Part 62 published on 01/06/2018
Condominium Corporation not liable for assault at Board Meeting
At a Board meeting, one of the participants allegedly assaulted one of the other participants. The meeting had taken place on the condominium’s common elements. The injured party sued the alleged assailant as well as the condominium corporation. The alleged assailant also cross-claimed against the condominium corporation. The allegation against the condominium corporation was that it should have done more to keep the meeting safe, and to calm the escalating hostilities between the two participants. This was also alleged to be part of the condominium corporation’s obligation as occupier of the common elements.
The claims against the condominium corporation were dismissed. The Court said:
Based on the case law and evidence before me, I find that there is no genuine issue requiring a trial on the issue of whether MTCC 1292 breached its duty of care to the plaintiff.
It would be unduly onerous to find that a condominium corporation has a duty to provide security at every Board meeting to prevent a potential assault. Even given the contentious environment at the Board in this case, it would not be reasonable to require the condominium corporation to provide security. It is reasonable to expect individuals who participate on the boards of condominium corporations to adhere to a standard of conduct that includes, at a minimum, refraining from assaulting another participant.