27/11/2024– Jurisdiction Ontario
Part 88 published on 01/12/2024
Court orders sale of owner’s unit
The owner exhibited anti-social conduct which included harassment ad racism directed toward other residents. Given the owner’s failure to comply with previous orders, the Court ordered her to sell her unit as a last resort. The Court said:
A sale of a condominium unit may be ordered even if there is evidence of a mental illness. In Metropolitan Toronto Condominium Corporation No. 946 v. J.V.M (Litigation Guardian of), 2008 CanLII 69581 (ONSC) the unit owner suffered from paranoid schizophrenia. Despite the respondent breaching the condominium’s rules and by-laws by exhibiting improper and uncivil conduct, the respondent was given one last chance to comply with the Act and remain in her unit. The respondent continued to behave in an improper manner. The court granted the order for the forced sale of the condominium.
Ms. Tsatskin has demonstrated that she will not be bound by an order of this court to not harass or intimidate persons involved in the application. I am satisfied that an order forcing Ms. Tsatskin to sell the unit is the only remedy that remains available.
The Court also granted the following orders requested by certain residents who were most affected by the Respondent’s misconduct:
- I grant an injunction restraining the respondents from communicating with, harassing, assaulting, or having contact with any of the Gagliese Applicants or any persons associated with the Gagliese Applicants, directly or indirectly including without limitation their respective families, employers or acquaintances;
- The respondents are restrained from commencing any further proceedings as against the Gagliese Applicants, including any proceeding to a regulatory body including the LSO and HRTO, without leave of this court.
Toronto Standard Condominium Corporation No. 2931 v. Tsatskin, 2024 ONSC 6392