Peel Condominium Corp. No. 98. v. Pereira (Ontario Superior Court)

There had been many complaints about the owner.  Some of the complaints had been resolved, some had not.  The condominium corporation sought an order that the owner be forced to sell his unit.  The Court said:

 I am satisfied on a balance of probabilities that Mr. Pereira has behaved in an inappropriate and abusive manner …. including the repeated use of threatening and offensive language.

 …

 In this case, while the actions of Mr. Pereira are extremely serious and troubling, I… find that a lesser order requiring compliance would suffice.

Among other things, the Court ordered that:

• Mr. Pereira not throw any objects or permit any objects to be emitted from his balcony.
• Mr. Pereira comply with all provisions of the Condominium Act, 1998, and the declaration, by-laws and rules of the Corporation, including any restriction on the condition and use of his balcony and parking stall.
• Mr. Pereira refrain from verbally or physically assaulting or intimidating, threatening to assault or intimidation of any resident or person in or on the Condominium premises.
• Mr. Pereira refrain from any disruptive behavior which would breach the rights of the residents and occupants of the condominium premises to quiet enjoyment.

The Court said that a further application, seeking an order for sale of the unit, might be made if Mr. Pereira failed to comply with any of the terms of this order.