10/03/2020 – Jurisdiction Ontario
Part 72 published on 01/12/2020
Owner ordered not to interfere with corporation’s contractors. Owner not guilty of workplace harassment.
The condominium corporation was attending to replacement of Kitec plumbing (on behalf of the owner), but the owner had unreasonably interfered with the corporation’s contractors, who were trying to perform the work. The Court ordered the owner not to further interfere with the contractors. The Court said:
In all the circumstances, I am satisfied that Mr. Evdassin interfered with the ability of the Condominium to replace the Kitec pipes in his unit, contrary to s. 19 of the Act. The question is whether a compliance order is necessary to ensure the Condominium is able to complete the work in future. The authority to make a compliance order under the Act is discretionary. Given the persistent difficulties encountered by the Condominium over the course of several months and given that the work has still not been completed in Mr. Evdassin’s unit, I am satisfied that a compliance order is appropriate in relation to the Kitec replacement project. Mr. Evdassin is ordered not to interfere with the contractors hired by the Condominium to complete that work in his unit.
At the same time, the Court concluded that the owner had not been guilty of workplace harassment in relation to his treatment of the corporation’s staff.