Natasha Leslie Mazzitelli

The applicant condominium corporation sought compliance orders against a unit owner for unauthorized video surveillance in the mailroom and abusive communications directed at staff and board members.

The respondent admitted to the actions but argued they were provoked by election interference (vandalism of campaign posters) and a prolonged lack of hot water in her unit, which impacted her and her spouse's health due to pre-existing medical conditions.

The court found the respondent's conduct contravened the Condominium Act but acknowledged the significant provocation.

While granting the compliance orders, the court denied the applicant's request for full indemnity costs, citing shared responsibility and the more serious nature of the wrongs committed against the respondent.

The appellants sought orders under sections 134 and 135 of the Condominium Act, 1998, alleging various incidents and an ongoing failure by the respondents to reasonably respond to inquiries.

The appeal court was asked to overturn findings of fact made by the application judge.

The court found that all of the application judge's findings were reasonably open on the record and, therefore, dismissed the appeal, awarding costs to the respondents.