2021 ONSC 7222
On November 1, 2021, the Honourable Justice Vella of the Superior Court of Justice granted in part a motion submitted by of the Toronto Standard Condominium Corporation No. 2519 (“TSCC 2519”), that imposes an interlocutory injunction and restraining orders against Emerald PG Holdings Ltd., Mehmet Fatih Eroltu aka Fatih Eroltu, Cameron Thomson and Salvatore Campione, the unit owners (“Unit Owners”) of TSCC 2519.
The dispute was brought forth by TSCC 2519 based on behaviour and conduct on the part of the Unit Owners against TSCC 2519’s board of directors and property manager between 2017 and 2021. TSCC 2519 alleged that the Unit Owners engaged in threats of litigation, intimidation and excessive hostility primarily in the forms of email communication and physical interactions, and requested an interlocutory compliance order and interlocutory restraining orders pursuant to the Condominium Act, 1998 (the “Condo Act”). TSCC 2519 also sought its costs of its motion on a full indemnity basis against Emerald’s units as a collectable common expense.
In review of the evidence submitted by witnesses, the Court found that while the Unit Owners had a legitimate right to their requests and demands of the condominium corporation, TSCC 2519 successfully proved its burden of proof, on a balance of probabilities, that the conduct ascribed to the unit owners was likely to give rise to psychological harm that was of more than a trifling or transient nature, or unreasonably interfered with the use or enjoyment of the units and or common elements by the other unit owners.
The Court ultimately ruled that the actions of the Unit Owners constituted workplace harassment pursuant to the Occupational Health and Safety Act, and contradicted the Condo Act, and awarded the condominium corporation an interlocutory injunction restraining the unit owners from any further actions. The Court further awarded full indemnity costs, which would be recoverable against the Unit Owners as common element.
Richard MacGregor (Condominium/Strata) represented TSCC 2519 in the proceedings.
For more information on the case decision’s impact to condominium corporations, click here.