Michael Gordon Gwynne

A condominium corporation brought an application alleging that a unit owner repeatedly breached ss. 117 and 119 of the Condominium Act, 1998 by engaging in abusive behaviour toward residents and staff, throwing cat litter and feces from his balcony, and failing to comply with building rules.

The corporation sought extraordinary relief requiring the owner to sell and vacate his unit.

The court found multiple breaches of the Act and the condominium’s declaration and rules, including conduct that was oppressive and unfairly prejudicial to other residents.

However, the court held that a forced sale of the unit would be an extraordinary and draconian remedy not justified on the facts.

Instead, the court ordered the owner to comply with the Act and condominium rules, refrain from abusive conduct, and pay an outstanding charge, with the possibility of stronger remedies if future breaches occur.

A costs decision arising from interim motions in a condominium governance dispute between an owners’ group and the condominium corporation’s board of directors.

The court had previously ordered that an annual general meeting be held and later addressed a further urgent motion concerning voting eligibility for owners in arrears due to a disputed special assessment.

Applying Rule 57.01 of the Rules of Civil Procedure, the court assessed costs only for work directly related to the August attendance, awarding partial indemnity costs of $5,500 payable by the condominium corporation.

The court declined to award costs for the later attendance, finding the motion misguided because the relief granted had not been sought in the filed materials.