03/07/2024 – Jurisdiction Ontario
Part 86 published on 01/06/2024
Condominium corporation ordered to continue, and to increase, efforts to prevent intruder and related disturbances.
The Applicant owner complained that the condominium corporation had not taken adequate steps to prevent trespass by an intruder “who enters into the condominium’s stairwells causing a variety of disturbances, particularly noise, smoke, and odour”.
The Tribunal said:
1. The disturbances caused by the intruder do not amount to a nuisance, but are annoyances prohibited under subsection 117 (2) of the (Condominium Act, 1998);
2. The Respondent has taken reasonable and appropriate steps to address those annoyances, but the problem remains unresolved and the Respondent must continue and increase, or improve, its efforts, and I so order.
Under Section 1.44 (1) 2 of the Condominium Act, the Tribunal ordered as follows:
a. the Respondent shall make more diligent efforts to permanently restrict the intruder from entering onto the premises of the condominium and from causing noise, smoke, and odour annoyances for the Applicant or any other resident, including that the Respondent shall:
1. Increase its efforts to effectively enforce its trespass order against the intruder, including exploring further, and implementing, ways in which it could more effectively exercise its right to arrest rather than merely seeking to “encourage” the intruder to comply; and
2. increase its various security measures, such as cameras, posters, and patrols, which have already improved its identification of the intruder and response time in removing him after entry, to more effectively prevent his entry onto the condominium premises in the first place, or at least to prevent him from loitering in the vicinity of the Applicant’s home; and
3. determine whether any resident is permitting the intruder to have entry to the premises, and consider and take more effective steps in accordance with its rights and obligations under the Act to require the resident to comply with the demand to cease permitting such entry; and
b. the Respondent shall provide a detailed, written report to the Applicant on the first day of each of the six months following the date of the issuance of this order, describing the actions it has taken to give effect to the foregoing terms of this order, and their intent, as well as whatever other steps it takes or continues to take to address the issues of the intruder and the annoyances caused by him, and the results of those efforts.
Kassir v. Metropolitan Toronto Condominium Corporation No. 607, 2024 ONCAT 34