13/07/2018 – Jurisdiction Ontario
Part 63 published on 01/09/2018
Court orders that unit be sold due to owner’s contempt of previous Court order
The respondent, 8645361 Canada Ltd., owned one of the units, and also occupied other units, in the commercial condominium. Mirza Ahmed was the President of 8645361 Canada Ltd. There had been three prior orders of the Court relating to Mr. Ahmed’s improper treatment of the employees, managers, agents or members of the Board of PSCC 984.
On an interim basis, the Court had ordered, amongst other things, that Mr. Ahmed refrain from “contacting, communicating, harassing, or coming within 25 feet of PSCC 984 Personnel”.
The condominium corporation applied for the interim order to be made permanent. In addition, because of Mr. Ahmed’s alleged violations of the above-noted order, the condominium corporation applied for a further contempt of Court order requiring that the owner sell the unit and “forthwith vacate all units in which they operate their businesses”. The Court agreed and granted the requested orders. The Court said:
…I grant the permanent injunction prohibiting Ahmed from, amongst other things, contacting, communicating, harassing, or coming within 25 feet of PSCC 984 Personnel. Such relief is appropriate based on the uncontested evidence of harassment, abuse, and threatening conduct engaged in by Ahmed for the past two years. I also grant the ancillary relief related to this prohibition as sought in the amended notice of application.
…
On the basis of the above evidence, I find that it is appropriate to order the additional relief that the respondents (i) sell the Unit and (ii) forthwith vacate all units in which they operate their businesses. I also order that PSCC 984 may apply for an order of possession of the Unit, and the appointment of a receiver and manager to effect sale of the Unit pursuant to this order, if the respondents do not comply with these orders.