A condominium corporation brought an application under s. 134 of the Condominium Act, 1998 seeking compliance orders, a permanent injunction, removal of a director, and a forced sale of a unit due to repeated assaults, threats, and harassment by a unit owner.
The court found that the respondent’s conduct constituted multiple physical assaults, threats, and intimidation that violated s. 117 of the Act and the condominium’s declaration and rules by disturbing the quiet enjoyment and safety of other residents.
The court rejected procedural objections concerning notice under s. 23 of the Act and authorization of counsel, holding the proceeding was properly constituted as a compliance application.
However, the court declined to remove the respondent from the board or order a forced sale, finding those remedies inappropriate at this stage.
A restraining order was issued requiring the respondent to keep the peace, cease abusive conduct, and stay a specified distance from certain individuals.
