The applicant condominium corporation sought a permanent order prohibiting a resident, Paolo Scotti, from residing in his unit due to disruptive and aggressive behaviour stemming from his mental illness.
The court found that Mr. Scotti had breached condominium rules but declined to issue a permanent vacating order, noting his mental illness as the cause of misconduct and his recent efforts to comply with treatment.
The court ordered Mr. Scotti to comply with the Condominium Act and condominium instruments but granted no further relief to the applicant, emphasizing the duty to accommodate and the lack of evidence of material breach of the prior interlocutory order.
