26/07/2023 – Jurisdiction Ontario
Part 83 published on 01/09/2023
Court issues strong compliance order as a result of the owner’s misconduct due to substance abuse. However, Court declines to order immediate sale of unit.
The respondent owner had seriously misbehaved. The Court summarized as follows:
As I shall explain further below, Mr. Paterno has lived at the condominium since 2016 without incident until 2021 when his unacceptable misbehaviour began. He, however, has a serious long-standing substance abuse illness and beginning in 2021 he lapsed in managing his problem. While under the influence of alcohol or drugs, he breached his responsibilities to the employees of the condominium corporation and his communal responsibilities to his fellow residents of the condominium. For some of his misdeeds, he has been punished in criminal proceedings. He is remorseful for his wrongdoing. He has made efforts to seek assistance for his alcoholism and substance abuse problems. He wishes to remain a member of the condominium community. He promises not to repeat his bad behaviour.
However, recent events indicate that he has been only partially successful in rehabilitating himself and in becoming a responsible member of the community. TSCC 2581 was more than justified and indeed was statutorily obliged to enforce and to protect the rights of the residents of the condominium to not be disturbed by Mr. Paterno’s misbehaviour.
The Court decided not to order immediate sale of the owner’s unit. Instead, the Court made several orders against the Respondent, including orders to pay costs and damages to the condominium corporation, as well as various orders restricting the owner’s actions and activities. The Court’s order also included specific authorization for the condominium corporation to bring a motion for a further order directing a sale of the owner’s unit upon proof of a violation by the owner (of the Court’s order).
Toronto Standard Condominium Corp. No. 2581 v. Paterno, 2023 ONSC 4343