Physical Assault at Board Meeting – Is the Condo Corporation Responsible?

In Omotayo v. Da Costa, the Ontario Superior Court of Justice considered whether a condominium corporation was responsible for preventing an assault at a board meeting by one participant against another. The corporation acknowledged that it owes a duty to residents and visitors to ensure that the condominium property is safe and reasonably maintained, but the Court found that the duty of care owed by the corporation did not include preventing an assault at a board meeting as it was too remote a risk to be reasonably foreseeable. The Court held that a condominium corporation was not responsible for providing security at every Board meeting to prevent an assault. However, the legal proceedings against Mr. Da Costa will proceed. Condo corporations should take any threats of physical assaults seriously and consult their legal counsel to determine what measures should be taken.