We are seeing more and more cases in which the Court is prepared to order the sale of a unit due to the owner’s misconduct. As a general statement, the Courts will consider this exceptional enforcement remedy (forced sale of a unit) in cases where the owner has demonstrated very serious misconduct (of the sort that is extremely disturbing or threatening to other residents) and an unwillingness to correct this misconduct after numerous warnings or legal proceedings. Here’s my summary of one such recent Court decision, from Condo Cases Across Canada (which I author for quarterly publication by the National Chapter of the Canadian Condominium Institute).
Peel Condominium Corporation No. 304 v. Hirsi (Ontario Superior Court) January 15, 2014
Court orders sale of unit
Due to outrageous conduct, the owner was ordered to sell her unit. The Court said:
I am satisfied that given the outrageous and persistent conduct of the respondent, which includes incidents of stabbing and shooting and other intolerable conduct, that per paragraph 87 of Justice Code’s decision in Metro Toronto Condominium Corporation No. 747 and Natalia Korolekh (see Condo Cases Across Canada, Part 32, November 2010) that a perfect storm exists where the misconduct is serious and persistent, with exceptional impact on a building occupied by law abiding senior citizens and that the respondent, on the evidence is incorrigible and unmanageable.