Injunctions (Re: Owners)

Peel Standard Condominium Corporation v. Jakacki, 2020 ONSC 3697 (CanLII)

[2] The Application is brought to remove the Respondent from the unit under the provisions of the Condominium Act S.O. 1998 c. 19 on the basis that he has engaged in disruptive and violent behavior. That Application will have to be adjudicated by the Courts in due course. In the interim, the Applicant seeks an interlocutory injunction to prevent the Respondent from using the condominium’s common areas except to enter and exit the building.

Should An Injunction Be Granted?

[30] The question I have to determine on this motion is whether a temporary injunction preventing the Respondent from using the common areas of the condominium except for ingress and egress should be granted. The test for granting an injunction is well-known and is set out in R.J.R. MacDonald v. Canada (Attorney General) (1994 CanLII 117 (SCC), [1994] 1 S.C.R. 311 at para 43). The moving party must show:

a) There is a serious question to be tried;

b) The moving party will suffer irreparable harm if the injunction is not granted;

c) The balance of convenience favours the granting of the injunction.

[31] I will deal with each element of the test in turn.

Toronto Standard Condominium Corporation No. 2395 v Wong, 2016 ONSC 8000 (CanLII)

[2] The applicant also seeks declaratory relief, declaring that:

a. Ms. Wong’s behaviour constitutes workplace harassment as defined in the Occupational Health and Safety Act, R.S.O. 1990, c. O.1;

b. Ms. Wong has breached s. 117 of the Condominium Act by harassing, threatening, intimidating, verbally abusing and physically assaulting TSCC 2395 Personnel; and

c. Ms. Wong has breached Rule 1 of the “Quiet Enjoyment” Rules in that she has created noise and nuisance, including yelling, using threatening language and attempting to instigate a fight on the common elements to disturb the comfort and quiet enjoyment of persons therein, namely the TSCC 2395 Personnel.

[3] Given Ms. Wong’s behaviour, the applicant asks this court to consider whether it is necessary to order that Ms. Wong undergo a mental examination by a health practitioner to enable the health practitioner to opine on whether Ms. Wong is a party under a disability as defined in r. 1.03(1) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, and thus to enable this court to determine at a later date whether Ms. Wong is a party under a disability such that the court should order the appointment of a litigation guardian, being the Office of the Public Guardian and Trustee.