06/15/2016 – Jurisdiction Ontario
Part 58 published on 06/01/2018
Court orders owner to vacate and sell her unit.
The Court’s decision describes the following serious misconduct of the owner and her daughter:
The behavior of the Respondent and her daughter in this relatively small condominium building is appalling. The affidavit in support of this application describes loud screaming in the middle of the night, disturbing the peace of the other unit owners – some of those owners have recorded the screaming, which is audible from inside their units. The Respondent and her daughter apparently fight constantly, requiring the attendance of the police and ambulance at their unit. They allow the dog to wander the hallways of the building, soiling the hallway and the elevator in the way that dogs will do.
The Respondent has received a large number of warnings from the building management and its counsel over the past 9 months, but nothing appears to have the effect of calming the Respondent and her daughter down or modifying the complained of behaviour. It has reached the point where the other unit owners in the building need protection. They have a right to enjoy peace, quiet, and safety in their own home. The Respondent and her daughter also have frequent guests that are threatening, rude, and otherwise disquieting to the other residents of the building.
The Court ordered the owner to vacate her unit within 30 days and to sell it within 90 days.
