15/06/2020 – Jurisdiction Ontario
Part 70 published on 01/06/2020
Courts grants interlocutory injunction preventing the owner from using the common elements except to enter and exit the building
The condominium corporation applied for an order removing the owner from his unit, due to alleged disruptive and violent behaviour. Pending the hearing of that application, the condominium corporation sought an interlocutory injunction preventing the owner from using the common elements except to enter and exit the building. The Court granted the requested injunction. The Court said:
In this case, the right of the residents to be free from inconsiderate, rude and dangerous conduct outweighs the rights of the Respondent to use the common areas because of his ongoing unwillingness and/or inability to use these areas without violating the rules and interfering with the rights of his neighbours. As a result, the balance of convenience favours the granting of the injunction.