Court Refuses to Order Medical Examination of Misbehaving Owner
A recent decision of the Ontario Superior Court shows that Courts can be reluctant to Order a medical examination of a misbehaving owner – unless there is some real evidence of a mental health issue.
In the case of Toronto Standard Condominium Corp. No. 2395 v Wong, the Ontario Superior Court found that the owner’s conduct was harassing, threatening, intimidating and abusive. The Court said that her behavior contravened the Condominium Act and the corporation’s declaration and rules; and the Court ordered (pending the final hearing of the application) that the owner not have contact with any employee, manager, security personnel or board member of the condominium corporation, not come within 25 feet of the management office, and not disturb the comfort and enjoyment of the common elements.
The Court declined to order a medical examination of the owner (which had been a further request of the condominium corporation). The Court said:
The material issues in the litigation before me relate to Ms. Wong’s abusive and threatening behaviour. There is nothing before me, beyond the fact of her behaviour itself, to suggest that Ms. Wong is not capable of understanding information that is relevant to making a decision in respect of the issues in the proceeding, or that she is unable to appreciate the reasonably foreseeable consequences of a decision or lack of decision in respect of an issue in the proceeding…. I have concluded that Ms. Wong’s behaviour on its own is not a sufficient evidentiary basis to make the invasive and rare order that she undergo a mental examination pursuant to s. 105(1) of the Courts of Justice Act.
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