10/09/2020 – Jurisdiction Ontario
Part 73 published on 01/03/2021
Owner ordered to stop repairs based on policy during pandemic
The owner wished to complete certain flooring repairs in her unit. The condominium corporation had passed a policy prohibiting work in the units during the Covid-19 pandemic, except for work that is considered an emergency or essential service. The condominium corporation determined that the owner’s proposed work was not essential, and applied to Court for an order stopping the work.
The Court held that the policy was reasonable and had been reasonably enforced by the condominium corporation (to prohibit the particular proposed unit repairs). The Court ordered that the work stop. The Court said:
Neither the letter nor the opinion of the home inspector supports a finding that there are health or safety risks in the unit which would warrant the court intervening (to allow the repairs to proceed). Between November and July, the tenants lived in the unit. It is clear there was inconvenience to them, however there is no evidence of any health or safety issue posed to them during this period caused by the wait for repairs. Aside from counsel’s submission that the unit is in a “shambles” at the present time because of the half-finished work, this arose from Ms. Fraser’s decision to begin unauthorized repair work. Prior to that time the unit was able to be occupied.