Welykyi v. Rouge Valley Co-operative Homes Inc., 2016 HRTO 299
Decision Date: March 4, 2016
http://canlii.ca/t/gnng6
This is a judgment on 10 applications to the HRTO against the same respondents (Rouge Valley Co-op and the Board of Directors.) The applicants are members of the Co-op, and some were Board members prior to April 2012. Between April and September 2012, someone wrote or posted 18 very nasty messages, referring to the applicants in terms related to disability, race, sex, gender identity, ancestry, age, and receipt of public assistance. These messages amounted to discrimination and harassment under Ontario’s Human Rights Code. The applicants alerted the police and brought the messages to the attention of the Board and the property manager. To make a long and rather sordid story short, the Board did very little to put an end to the harassment. Their efforts included fake security cameras (supposedly a deterrent) and vague notices (against “vandalism.”) They failed to show much concern about the situation and, in one instance, the President of the Board hinted that she knew who the culprit was.
The HRTO adjudicator found that, although the Board was not responsible for the “horrible” harassment, they failed to respond to it adequately. This “indifference” likely exacerbated the effect of the harassment. He ordered that the Board pay $3000 to each applicant, that all other members of the Co-op be informed of the decision, and that the Decision be posted within the Co-op for six months.
Comment: The community police officer, sensing ongoing conflict between current and former members of the Board, suggested mediation. While mediation may have helped resolve some underlying issues, mediation itself (without other measures) is not an appropriate response to anonymous harassment.
York Condominium Corporation No. 78 v Stein, 2016 ONSC 1837
Decision Date: March 16, 2016
http://canlii.ca/t/gnr4h
Ms. Stein purchased a unit in YCC 78 in 2010. In spring 2014, YCC 78 received a complaint of alleged exterior water penetration in the unit. Upon investigation, it was found that Ms. Stein had been carrying on a project of unauthorized renovation, including material changes to the common elements. (The unit was completely gutted and had had no functioning kitchen or bathroom for 18 months. Ms. Stein had completely rewired the unit and made alterations to the plumbing as well.) In this application, YCC 78 seeks an order that Ms. Stein is in breach of the Condominium Act; access to the unit to do a full inspection; permission to restore the unit and common elements to original condition; and an order that the costs or losses they incurred be considered a common expense and recoverable from her unit.
Justice Diamond agreed that Ms. Stein was in breach of sections 98 and 117 of the Condominium Act, and granted the corporation access to her unit upon 48 hours notice for the purpose of inspection and restoration. He also allowed YCC 78’s costs to be recoverable from Ms. Stein’s unit, and that Ms. Stein pay YCC 78’s legal costs of $25,000 on a partial indemnity basis.
Comment: Ms. Stein had argued that YCC 78 was obliged to mediate their dispute before turning to litigation. Justice Diamond disagreed, saying that mediation is intended for “lesser disputes” or disagreements arising out of interpretation – not unilateral, unauthorized changes to common elements.
About the Image: Duncan Lilly [CC BY-SA 2.0 (https://creativecommons.org/licenses/by-sa/2.0)], via Wikimedia Commons