Part 47 published on 01/09/14
Court orders sale of unit due to owner’s misconduct, despite owner’s mental illness.
The Court ordered that the owner’s unit be sold due to her “unacceptable and anti-social behaviour”, and her failure to comply with previous Court orders. The Court said:
Unfortunately, the respondent suffers from a mental illness. I appreciate that it will be a hardship for her to vacate the unit and have the unit sold. However, it must be borne in mind that while the applicant is a corporate body, it is the men, women, and children who live and work in the building and their visitors and guests who have been confronted with behaviour that ranges from disturbing to disgusting to threatening. I do not see remedies short of an order vacating the unit and ordering a sale as sufficient to address the uncontested breaches of the Act and the rules of the condominium corporation.
The Court also ordered that the owner’s misconduct be restrained.