Wentworth Condominium Corp. No. 34 v. Taylor (Ontario Superior Court)

The owner’s spouse, Mr. Taylor, had failed to abide by the Condominium Act and the condominium’s declaration, by-laws and rules.  The Court ordered that: 

• Mr. Taylor be of good behavior and keep the peace while on the property;
• Mr. Taylor cease and desist from uncivil, improper or illegal conduct that violates the Condominium Act, 1998, or the condominium’s declaration, by-laws and rules;
• Mr. Taylor refrain from assaulting, verbally abusing, swearing at, harassing, threatening or intimidating any of the other occupants, their families, guests or invitees, and any of the directors, employees, or contractors serving the condominium;
• Mr. Taylor refrain from communicating with or approaching, within 15 feet, certain listed individuals (except at a duly authorized meeting of the owners);
• The owner ensure that the occupants of her unit, including Mr. Taylor, comply with the Condominium Act, 1998, and the condominium’s declaration, by-laws and rules.

 The Court ordered the owner to pay the corporation’s costs on a full indemnity basis.  The Court said:

(The owner) argues she has done all she can to continue (sic) her spouse’s unruly behavior; the costs consequences should not be visited upon her for his behavior.  At the hearing, both were in attendance and appeared as a team.  I do not accept that she, as title holder to the property (although a difficult position given we are dealing with an occupant who is her husband), cannot avoid responsibility for the consequences of his actions.  Part of their family unit is, I find, a disruptive, difficult, aggressive and threatening force in this cooperative community.  They were both warned that there would be financial consequences of failure to “turn this ship around”.  Not only did that not occur, but this matter was adjourned from its first appearance in April 2013 five times until it was heard.  They had plenty of opportunity to try and resolve it without further attendance and expense of court itself. 

It is clear to me that the balance of the condominium owners should not be faced with the legal expense of the intransigence of one of the unit holders.  When people chose to live in a close community neighbourhood, they are bound to accept the responsibility of fairness and decency to their neighbours.