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York Condominium Corporation No. 444 v. Ryan - 2023 ONCAT 81 - 2023-06-16

Corporation:

YCC 444

Date:

2023-06-16

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Indemnification or Compensation
Noise
Other Type of Nuisance, Annoyance or Disruption
Procedural Issue with Governing Documents

Summary:

The case is titled "Russell v. York Condominium Corporation No. 50." It involves a dispute between the Applicant and the Respondent, York Condominium Corporation No. 50 (YCC 50). The dispute revolves around access to records, adequacy of records, entitlement to records, fees, costs, and penalties. The hearing took place from November 22, 2022, to May 24, 2023, through written online proceedings. The decision, dated June 19, 2023, was made by Member Nicole Aylwin of the Condominium Authority Tribunal.

The case reveals that the applicant requested various core and non-core records from YCC 50, alleging that some records were missing, others were not provided according to the required regulations, and the redactions made to the records were not in accordance with the law. YCC 50 argued that all requested records were provided, and applicant's repeated requests were unreasonably burdensome. The Tribunal found that while YCC 50 kept adequate records in some cases, it failed to provide records without a reasonable excuse in other instances. The Tribunal ordered YCC 50 to reimburse the applicant for incorrect charges, pay a penalty, and cover filing fees.

Verdict:

In the case of York Condominium Corporation No. 444 v. Ryan, the tribunal found that the respondent's conduct constituted a nuisance, annoyance, or disruption due to harassment and creating a nuisance. However, the tribunal also acknowledged that the respondent's actions were partly in response to the perceived health risks from smoke and odor coming from the neighboring unit. Additionally, the case highlights the jurisdictional issue and cost implications of addressing disputes and conflicts within governing documents and the Condominium Act, including claims of harassment and nuisance.


Takeaways:

here are three key takeaways from the case "York Condominium Corporation No. 444 v. Ryan":

Harassment and Nuisance Claims: York Condominium Corporation No. 444 (YCC 444) alleged that the respondent created a nuisance and harassed both another unit owner and the staff of YCC 444. The tribunal found that the repondent's conduct constituted a nuisance, annoyance, or disruption and that she had consistently harassed the other parties involved. However, the tribunal also acknowledged that the respondent's actions were partly in response to the perceived health risks from smoke and odor coming from the neighboring unit.

Jurisdictional Issue: A key aspect of this case was the jurisdictional question regarding whether the tribunal had authority over harassment claims. While harassment is not explicitly prescribed as a nuisance under the Condominium Act, the tribunal determined that it could have jurisdiction over harassment claims if they fell within the scope of section 117(2) or subsection 1(1) of Regulation 179/17.

Cost Awards: The tribunal awarded costs of reimbursement to YCC 444, including tribunal filing fees, costs of compliance with the Act and governing documents, and legal costs for bringing the application. The total award amounted to $9,277.50 plus HST. The decision refers to the parties' submissions and various cases cited to support the tribunal's reasoning.

Recommendations: 

Mediation or Conflict Resolution: Given the ongoing dispute between Joanne Ryan and York Condominium Corporation No. 444, it would be beneficial for both parties to engage in mediation or conflict resolution. This can provide an opportunity for open communication, understanding of each other's concerns, and potentially finding a mutually agreeable solution to the issues at hand. Mediation can help prevent further escalation of conflicts and promote a more amicable living environment within the condominium.

Strengthen Smoking Policies: As the website mentions, smoking inside YCC 444 units is not prohibited, but the rules do prohibit the transmission of smoke from one unit to another if it becomes an annoyance, nuisance, or disruption. It may be advisable for the condominium corporation to review and potentially update its smoking policies to provide clearer guidelines on acceptable smoking behavior and measures to prevent smoke transmission. This can help address the concerns raised by Joanne Ryan and reduce potential conflicts related to smoking within the building.

Implement a Harassment Policy: The website highlights that Ms. Ryan has been engaging in harassing behavior towards Ms. Powell and the management and staff of YCC 444. To ensure a safe and respectful living environment for all residents, it would be recommended for the condominium corporation to implement a comprehensive harassment policy. This can outline the expectations of behavior, consequences for violations, and procedures for reporting and addressing harassment incidents. By having such a policy in place, it can help address and prevent future instances of harassment within the condominium community.

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