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Condominium unit owner ordered to cease and desist from harassing and verbally abusing building staff.
The applicant condominium corporation brought an application seeking an order to stop a unit owner from harassing its employees.
The respondent frequently sent abusive and insulting emails to the management office and verbally abused staff, calling them degrading names.
The court found that the respondent's conduct violated the Condominium Act's prohibition against activities likely to cause injury, including psychological harm, and constituted workplace harassment under the Occupational Health and Safety Act.
The court ordered the respondent to cease and desist from her uncivil, harassing, and abusive conduct.
Costs of the appeal awarded to the respondent in the agreed amount of $15,000.
The parties agreed to the costs of the appeal.
The Court of Appeal awarded costs to the respondent in the agreed amount of $15,000 inclusive of disbursements and taxes.
Condominium by-law limiting declarant's liability to statutory warranties is valid and not unreasonable.
The appellant condominium corporation appealed the dismissal of its application seeking a declaration that a by-law and warranty agreement entered into by the declarant-appointed board were invalid.
The agreement limited the declarant's liability for common element deficiencies to the statutory warranties under the Ontario New Home Warranties Plan Act.
The Court of Appeal dismissed the appeal, finding that the by-law was within the board's broad authority under section 56 of the Condominium Act, was not contrary to the Act or the declaration, and was not unreasonable.
The court held that the initial directors acted lawfully in organizing the condominium's affairs as anticipated by the declaration and disclosed to purchasers.
Developer liability limitation agreement with condominium corporation upheld.
A condominium corporation sought a declaration that a developer agreement and related by-law limiting the developer’s liability for construction deficiencies were void and ultra vires under the Condominium Act, 1998.
The impugned agreement limited claims against the developer to those available under the Ontario New Home Warranties Plan Act and had been disclosed to purchasers and registered on title.
The court held that the pre-turnover board had authority to enter into such an agreement and that limiting developer liability in this manner was not inconsistent with the Condominium Act.
The arrangement was part of the commercial framework under which the condominium project was developed and sold, and purchasers had notice of the limitation.
The application was dismissed and costs awarded to the respondent.
