Condo Law Digest – February 2017

Mental health in the past

Toronto Standard Condominium Corporation No. 2395 v Wong, 2016 ONSC 8000
Decision Date: December 12, 2016
http://canlii.ca/t/gwn72

Ms. Wong owns a unit in TSCC 2395. In November 2016 she began a pattern of erratic and threatening behaviour, most of it targeted at a member of the condominium’s staff. Ms. Wong’s behaviour was sufficiently concerning that measures had to be taken to ensure the staff member’s safety. In this application TSCC 2395 asks for an injunction and compliance order prohibiting Ms. Wong from 1) contacting or coming within 25 feet of the management office or TSCC 2395 personnel; 2) disturbing the comfort and quiet enjoyment of the common elements. They also asked the judge to find that Ms. Wong’s behaviour amounted to workplace harassment and that she has breached the Condominium Act. In addition, they asked the judge to consider an order that Ms. Wong undergo an examination by a mental health practitioner for an opinion on whether she has a disability, such that the court should order the appointment of a litigation guardian.

Justice Akbarali agreed to grant the compliance order and the other relief. However she declined to order Ms. Wong to be examined by a mental health practitioner. She reasoned that Ms. Wong’s behaviour in itself was not a “sufficient evidentiary basis” to make the “invasive and rare order” that she undergo a mental examination. Justice Akbarali granted costs of about $16,500 to TSCC 2395.

Comment: A difficult case for all involved. For more on the condominium as a workplace, see my article in Condo Business.

About the image: An itinerant surgeon extracting stones from a man’s head. Pencil drawing by P. Quast. http://wellcomeimages.org/indexplus/obf_images/e0/40/a7ff774fee31eba68411e4295f34.jpg Gallery: http://wellcomeimages.org/indexplus/image/V0016245.html, CC BY 4.0, Link

 

Posted in Condo Disputes.

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