19/03/2021 – Jurisdiction Ontario
Part 73 published on 01/03/2021
Subject to certain exceptions, Court upholds condominium corporation’s policy requiring the wearing of masks on the indoor common elements
The condominium corporation had passed a policy requiring that residents wear masks while on the indoor common elements, subject to exemptions for children under two years of age, for persons with medical or other Human Rights reasons not to wear a mask, or for persons who are unable to place or remove a mask without assistance. The Respondents had refused to wear masks as required by the policy. They claimed that they would experience distress if required to wear a mask, due to unspecified medical conditions.
The Court held that it was proper for a condominium corporation to insist upon conduct from all residents that does not put other residents at undue risk (and to pass policies or rules to achieve this purpose).
At the same time, the Court was mindful of the Respondents’ claim for an exemption for “health reasons” and held that it was necessary to balance the competing interests.
The Court therefore ordered that the Respondents were not required to wear masks “while transiting for the purpose of ingress and egress, by the most direct route from their unit to the main entrance of the building, or to their parking spot at levels P1 and P2”.
The Court ordered that the Respondents were otherwise required to wear masks, in accordance with the policy, while on the indoor common elements.
Halton Condo Corp No 77 v. Mitrovic et al Endorsement March 19 2021