Another Court-Ordered Condo Unit Sale

In the case of Peel Standard Condominium Corporation No. 984 v 8645361 Canada Ltd.,  the unit in question was owned by a corporation (i.e. the numbered company: 8645361 Canada Ltd.) and the condominium happened to be a commercial condominium. There had been three previous Court orders against the unit owner due to improper treatment, by the President of the numbered company, towards the employees, managers, agents, and Directors of the commercial condominium corporation.

The misbehavior included:

• Yelling and cursing in the common areas in a manner that was disturbing to other owners;

• Being verbally offensive and abusive towards the condominium corporation’s personnel and others on the property;

• Threatening to remove the condominium corporation’s personnel from the management office by force, making them feel unsafe;

• Entering the management office and yelling, after being cautioned to have no direct contact with the condominium corporation’s personnel;

• Disrupting the Annual General Meeting using abusive and offensive language and assaulting the President (at the AGM) by throwing a water bottle at him which led to the police being called.

Similar misconduct continued after issuance of the Court orders, so the condominium corporation returned to Court.

In its most recent decision, the Court ultimately held that the unit owner was in contempt of the previous orders (by virtue of the continuing misconduct of the President of the numbered company). The Court ordered a permanent injunction prohibiting the said President from “amongst other things, contacting, communicating, harassing, or coming within 25 feet of the condominium corporation’s personnel.”

The Court also ordered that the owner forthwith vacate all units in the condominium (occupied by the numbered company for business purposes) and also that the owner sell the unit it owned.

It’s not often that we see the Court take this kind of approach, but it appears that at minimum these types of orders require a failure by the unit owner to comply with prior Court orders to correct unacceptable behavior, as well as evidence of the unit’s owners ongoing unacceptable conduct.

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