The applicant condominium corporation sought to evict the respondent from his unit under section 134 of the Condominium Act, citing past erratic behaviour and a fire incident for which the respondent pleaded guilty to arson by negligence.
The respondent, who suffers from mental health issues, provided evidence that the fire was caused by faulty wiring and that his condition had stabilized with new medication.
The court dismissed the application, finding insufficient evidence of an ongoing risk of harm to justify permanent eviction, without prejudice to the applicant reviving the application if warranted.
