Part 45 published on 01/02/14
Court of Appeal confirms order for sale of unit
Rose and Jordy Jordison, mother and son, had been found in contempt of a previous Court order directing them to cease and desist their outrageous behavior toward their neighbours. As a result of the Jordisons’ continuing misconduct in the face of the previous Court order, the lower Court had ordered a sale of the unit (registered in Ms. Jordison’s name) pursuant to s. 173(c) of the Strata Property Act. [See Condo Cases Across Canada, Part 42, May 2013]
The Jordisons appealed. The Court of Appeal dismissed the appeal and confirmed the lower Court order. The Court said:
In an extreme case, which this is, where the subjects of the order have demonstrated an unwillingness to comply with an injunction, the court must have the ability to go to the terminal remedy of sale in order to fashion an effective remedy for the other strata owners. The (Jordisons) have repudiated the cooperative foundation of strata living and their intolerable behavior has brought about the forced sale.