York Condominium Corporation No. 136 vs. Roth

The condominium corporation sought an order for the sale of the owner’s unit, and an order restraining the owner from interfering with the operation of the condominium corporation and it’s Board of Directors.  The Court was not prepared, in this case, to order a sale of the unit.  However, the Court did make the following orders: 

• An order that the owner was to provide annually to the condominium corporation, in advance, a series of post-dated cheques;
• An order that the owner cease and desist from his “uncivil, improper and illegal conduct that violates the Condominium Act or the by-laws and rules of the condominium corporation”. 

[Editorial Note:  I was interested to note that the Court did not consider the question of whether or not mandatory mediation applied to either of these claims for relief.]