09/12/2021 – Jurisdiction Ontario
Part 77 published on 01/03/2022
Court determines enforcement rights of condominium corporation against a tenant
The condominium corporation applied, under Section 134 of the Condominium Act, for a compliance order against a misbehaving tenant and the tenant’s landlord. This order, if granted, would then permit the condominium corporation to make further application for termination of the tenancy (in the event of further non-compliance).
The tenant argued that the condominium corporation’s application should be stayed pending the outcome of an eviction application brought by the landlord (before the Landlord and Tenant Board).
The Court granted the condominium corporation’s application. The Court said:
While it is always a matter of concern to have what are effectively parallel proceedings before different tribunals, seeking essentially the same relief, the two sets of proceedings are brought by different parties with different interests and different responsibilities. In the case of the applicant it has, as has been pointed out, clear and unequivocal obligations under the Condominium Act, 1998 to ensure compliance with not only the Act, but the condominium declaration, the rules of the condominium and its bylaws. Under those circumstances I see no justification in further delaying the ability of the applicant to obtain relief because of the ongoing proceedings in front of the Landlord and Tenant Board.