04/08/2024 – Jurisdiction Ontario
Part 86 published on 01/06/2024
Court orders that owner sell and vacate her unit
The owner had demonstrated “increasingly threatening and anti-social behaviour. This included screaming at residents, making veiled (and not-so-veiled) threats to kill residents, disrupting an annual general meeting of the corporation, banging on doors, verbally berating residents and staff, and making racist and discriminatory comments”.
This misconduct had continued, and worsened, even after the Court had issued an order on November 17, 2023, requiring the owner to “cease any threatening or harassing behavior, to cease contact with any member of the board of directors of TSCC 1899, and to comply with the Act, and the corporation’s declaration and rules”.
On this further application by the condominium corporation, the Court ordered that the owner sell and vacate her unit. The Court’s order included the following:
The court expects individuals to comply with its orders. Compliance orders, such as the one issued by Callaghan J., provide clear and direct direction to individuals covered by their terms. If a person does not abide by the terms of a compliance order, that is strong evidence that they are not willing to abide by the legal obligations that attach to living in a condominium community. How a person responds to a compliance order sheds significant light on whether or the court can expect that person to govern themselves in the future. In this case, Ms. Devlin breached the compliance order and did so in a particularly dangerous and threatening manner.
Toronto Standard Condominium Corp. No. 1899 v. Devlin, 2024 ONSC 2063