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Case Law Update
Decisions From the Courts
TSCC 2519 v. Emerald PG Holdings et al., 2021 ONSC 7222 In TSCC 2519 v Emerald PG Holdings et al., Toronto Standard Condominium Corporation No. 2519 (“TSCC 2519”) brought a motion for a compliance order and a restraining order against a corporate unit owner, Emerald PG Holdings (“Emerald”), the individual owners of Emerald, Mr. Eroltu and Mr. Campione, and an independent contractor of Emerald’s corporate tenant, Mr. Thomson (collectively, the “respondents”). TSCC 2519’s documentary evidence and witness testimony demonstrated a pattern of harassing and aggressive conduct in the form of email communications, telephone calls, and physical interactions between the respondents and members of the board of directors, unit owners, and the property manager within a four-year period. Within several of these interactions, Mr. Eroltu and Mr. Thomson would threaten to sue TSCC 2519 board members or unit owners personally if they failed to comply with the demands of the respondents. Specifically, Mr. Eroltu and Mr. Thomson would threaten legal action against certain
board members if they ran for election to the board. Threats of legal action were made against unit owners who voted or otherwise supported certain candidates of the board. After repeated incidents of aggressive conduct from Mr. Eroltu and Mr. Thomson, TSCC 2519’s property manager felt it was necessary to be accompanied by a security guard to her vehicle. In looking at section 117 of the Act (i.e. “no person shall permit a condition to exist or carry on an activity in a unit or in the common elements if the condition or the activity is likely to damage the property or cause injury to an individual”), the Court once again noted that the term “injury” includes psychological harm that is beyond a trifling nature. The burden of proof rests on the moving party to prove, on a balance of probabilities, that the conduct of the respondent was likely to give rise to psychological harm that is of more than a trifling nature. In this case, the Court found that Mr. Eroltu and Mr. Thomson engaged in conduct that was intimidating, bullying, and abusive. The Court accepted the evidence of the unit owners and board members who claimed that they felt threatened, intimidated, and mistreated by the conduct of Mr. Eroltu and Mr. Thomson, noting that the conduct reasonably gave rise to an apprehension of fear. The Court also held that the respondents violated TSCC 2519’s declaration by unreasonably interfering with the use or enjoyment of the units and common elements by threatening legal action against board members. Importantly, the use and enjoyment of the units and common ele-
ments includes the right to participate in the governance of TSCC 2519 without fear of reprisal. Further, the Court found that the verbal abuse, physical intimidation, accusations of wrongdoing, and other conduct by Mr. Eroltu and Mr. Thomson constituted workplace harassment within the meaning of the Occupational Safety and Health Act. Among other orders, the Court granted a compliance order against Emerald, Mr. Eroltu and Mr. Thomson requiring them to comply with the Act and TSCC 2519’s governing documents as well as an interlocutory order restraining Emerald, Mr. Eroltu and Mr. Thomson, from soliciting proxies of unit owners for owner’s meetings. Costs of the motion were payable by Emerald on a full indemnity basis and recoverable as a common expense. York Condominium Corporation No. 188 v. Chaudhry, M. et al, 2021 ONSC 7027 In York Condominium Corporation No. 188 v Chaudhry M. et al, the Ontario Superior Court of Justice was asked to determine whether the conduct of an adult occupant violated section 117 of the Act and whether the occupant’s parents (the unit owners) failed to take reasonable steps to prevent their son’s misconduct. A court order had previously been made against the respondents that, among other things, prohibited the adult son from engaging in certain forms of harassing conduct against the staff and directors of York Condominium Corporation No. 188 CONDOVOICE SPRING 2022
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ILLUSTRATION BY JASON SCHNEIDER
Harassment and aggression in condominium corporations has been the subject of some recent decisions from the Ontario Superior Court of Justice. The Court has outlined and further clarified the remedies available to condominium corporations when dealing with hostile and aggressive conduct by residents towards board members, property management, or other residents in contravention of section 117 of the Condominium Act, 1998 (the “Act”).
