08/02/2023 – Jurisdiction Ontario
Part 81 published on 01/03/2023
Court declines to order that owner be removed from unit.
The owner suffered from mental health issues. The condominium corporation alleged that the owner’s past behaviour demonstrated that he is a safety risk, and sought an order that the owner be removed from the property. The key past incident noted by the condominium corporation was a fire that was allegedly caused by the owner’s negligence.
The Court held that there was no continuing safety risk, and declined to order that the owner be removed. The Court said:
The Respondent appears to have now found the right medication to treat his mental health problems. He is confident that any past erratic behaviour on his part has ceased to be a problem.
Toronto Condominium Corp. No. 1445 v. Catalli, 2023 ONSC 967