Case Law Update Brian Horlick, B.Comm., B.C.L., LL.B., ACCI, FCCI Horlick, Levitt, Di Lella LLP Timothy Duggan, BA, LL.B., Horlick, Levitt, Di Lella LLP
Decisions From the Courts The Impact on Your Condominium Corporation
Toronto Standard Condominium Corp. No. 1816 v. Greco (Ontario Superior Court of Justice, June 15, 2016) The condominium corporation brought this application seeking an order that Ms. Greco, a unit owner, and her daughter had breached the Condominium Act, 1998 and the corporation’s declaration and rules. The complained-about behavior included allowing the dogs belonging to Ms. Greco and her daughter to run free and soil the common elements; vandalism and damage to the common elements; aggressive behaviour toward the corporation’s staff and other unit residents by Ms. Greco’s daughter and her friends; and, most significantly, persistent loud screaming, shouting and fighting in the unit that disturbed other unit residents’ comfort and quiet enjoyment of their respective units. The corporation made efforts to address the conduct of the Grecos by, among other things, having its property manager send two letters and its lawyers send a further three letters. However, far from ceasing the complained-about behaviour, the conduct of Ms. Greco and her daughter seemed to escalate with each letter that was sent. Among other things, after letters started being sent to the unit, Ms.
Greco’s daughter made threatening remarks toward the other unit residents who had complained about the noise and other issues caused by the Grecos. As a result of the conduct of Ms. Greco and her daughter, the corporation sought, among other things, an order that Ms. Greco and her daughter permanently vacate the unit, and an order that the unit be listed and sold. Despite the seriousness of the order that the corporation sought, Ms. Greco did not file any materials in response to the corporation’s application, nor did she (or anyone on her behalf) attend the hearing of the application. At the hearing of the application, the court reviewed the extensive record of complaints about the Grecos’ behaviour, including more than three dozen separate noise complaints. The court considered the fact that the Grecos’ behaviour had not ceased despite two letters from the corporation’s property manager and three more letters from the corporation’s lawyers. Although the court recognized that ordering Ms. Greco to list and sell her unit, and ordering her and her daughter to permanently vacate the property, were drastic remedies, the court was satisfied
that those orders were warranted in the circumstances. As such, the court ordered that Ms. Greco and her daughter permanently vacate the property within 30 days, and that the unit be listed and sold within 90 days. The court also awarded substantial indemnity costs of $28,000.00 to the corporation. Author’s note: it is rare for a court to make an order that a unit be listed and sold. Such an order is typically only made either in circumstances a) where the owner has engaged in serious violent behaviour, such that there is a risk of serious harm to other unit residents if the owner is permitted to remain in the building, or b) where, as here, the owner engages in persistently antisocial behaviour that shows a complete disregard for other unit residents and fails to correct that behaviour despite repeated efforts by the corporation. It may be that the court regarded Ms. Greco’s failure to respond to the application as a further indication that her and her daughter’s behaviour would not change if they were permitted to remain in the building; to this end, it is worth considering whether the outcome of this case would have been different had the Grecos responded to the corporation’s application or to any of the corporation’s efforts to address their behaviour. CONDOVOICE FALL 2016
CV
19