Canadian Lawyer

REAL ESTATE "But if you need to tell someone not to do that, what do you expect to come out of it? It's like asking the scorpion not to sting the frog." RODRIGUE ESCAYOLA, HEENAN BLAIKIE LLP to redeem herself but I don't have a lot of hope. The consequences of this are that the owners are stuck and forced to continue to live with the aggressor, Escayola. If dents, the condominium corporation is free to go back to court with a new application, but this would be costly and emotionally taxing. Forcing a miscreant unit owner to there are any more inci- sell and move out is an extreme remedy. Peter Roberts, a partner with Lawson Lundell LLP in Vancouver, describes it as "the nuclear option." It was a step too far for the British Columbia Court of Appeal in the case of The Owners Strata Plan LMS 2768 v. Jordison. In July, the court overturned a lower court order that Rose Jordison sell her unit in a Surrey, B.C., condo devel- " says opment in light of a litany of complaints against her and her son Jordy Jordison involving excessive noise, obscene lan- guage, and harassment of other resi- dents that the court considered as amounting to assault. As in the Hayes case, the court made an order requiring the Jordisons refrain from making loud noises, obscene gestures, and abusive or obscene comments directed at other residents. The ruling left it open for a future court to decide whether or not to force the sale of the unit if the Jordisons keep harassing neighbours. The common law notion that your home is your castle is still alive and well, but in the condominium setting there are some limits. If you use your castle as a base for marauding among your neighbours, violating the peace and security of the condominium com- munity, the courts do have authority under condominium legislation to force a sale and have indicated they will exer- cise this authority in egregious cases, according to James Davidson, a part- ner with Nelligan O'Brien Payne LLP in Ottawa and editor of the Canadian Condominium Institute's quarterly pub- lication Condo Cases Across Canada. Cases where courts are asked to con- sider turfing out a unit owner are far more frequent than they used to be and judges are making such orders surpris- ingly often, says Davidson, who reckons he now comes across a couple of such cases every year. "In order to make condominiums work, you have to pro- tect the quiet enjoyment of those other people and the idea that a home is a YOUR ONE-STOP REFERENCE TO CIVIL REMEDIES IN NEW AND UNUSUAL CASES NEW PUBLICATION CANADIAN CIVIL REMEDIES FOR TORTS IN NOVEL SITUATIONS AND SPECIAL CIRCUMSTANCES LYNN M. KIRWIN From cyberbullying to zip lining, courts across Canada are seeing more cases involving situations, facts and circumstances that have neither existed nor been addressed previously. A unique one-stop reference to how the courts are responding to such cases, Canadian Civil Remedies for Torts in Novel Situations and Special Circumstances gives you an insightful overview of the law in these recent cases, providing a convenient starting point for your own files. ORDER # 985187-65203 $139 Softcover approx. 750 pages October 2012 978-0-7798-5187-4 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. This new title contains the most in-depth, focused discussions on recently established and emerging topics in Canadian tort law today. For easy reference, this publication: • Organizes cases by situation or set of circumstances • Provides comprehensive coverage of each situation's related law in a single resource • Spells out jurisdictional differences, nuances, and contrasts across Canada The author shows how the law has been applied to and is adjusting to both new and emerging situations in the following areas: Torts and Law Enforcement Officials, Torts in Sports, Workplace Torts, and Public Torts. AVAILABLE RISK-FREE FOR 30 DAYS Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 22 N O VEMBER / D ECEMBER 2012 www.CANADIAN Lawyermag.com

• Cover