Waymarker Management (Silver Creek) Inc. v. Tibu (Alberta Court of Appeal)

There had been a “history of unpleasant encounters” between one of the owners in the condominium and the employees of the condominium’s manager.  As a result, the Queen’s Bench judge had issued a permanent restraining order against the owner, ordering that she have no contact with the manager’s employees. 

The owner appealed.  On appeal, the restraining order was upheld, but with some softening of the restrictions in order to permit the owner to pursue her property rights.  The Court of Appeal said: 

Accordingly, we conclude that the restraining order must remain in full force and effect subject to the deletion of the arrest and detention provisions and that the order should also be varied to include a provision that, save in the case of an emergency, the appellant shall communicate with employees of Waymarker, including Mr. Cyr, only in writing.  If for any reason employees of Waymarker are required to enter the appellant’s condominium, she is to be absent and notified in writing once their tasks have been completed.  To that extent only, the appeal is allowed.