Canadian Lawyer

person's castle falls away a little bit," he says, noting there are rules members of a condominium corporation agree to follow, which have the force of law. To enforce these rules, he says, "courts can make whatever order they deem appro- priate and that's typical in the legislation across Canada." So what tips the scale of justice enough for a judge to resort nuclear option? What behaviour is so egregious as to get you kicked out of your castle? Terrorizing to the aggressive unleashed Rottweiler and letting it chase after children, delib- erately disconnecting neighbours with an cable television and destroying anoth- er's garden, throwing gravel in some- one's face, physically assaulting resi- dents, and shouting racist and homo- phobic obscenities. These were among the allegations leveled against Natalia Korolekh, whom Escayola described as the "ultimate neighbour from hell. In the 2010 case of Metropolitan Toronto Condominium Corp. No. 747 v. a neighbour's " Korolekh, the Ontario Court of Justice heard evidence from one resident of the downtown Toronto condo develop- ment whose daughter was afraid to play on her own balcony and from another who didn't think it was safe to have her frail and elderly mother stay with her, describing how she felt she had been robbed of "the ability to care for my loved ones in the comfort of my own home. to sell her unit, Justice Michael Code described the case as "the perfect storm where the misconduct is serious and persistent, where its impact on a small community has been exceptional and where the Respondent appears to be incorrigible or unmanageable. In ruling that Korolekh be required " rejecting the idea that Korolekh's behav- iour could be controlled by means of a court order, the judge said, "Given the breadth of her misconduct, any compliance order would involve the Court in managing every aspect of Ms. Korolekh's life from her manner of speech, her music, her dog, her ges- " In tures and her menacing presence in the courtyard, as well as the more obvious need to enjoin any physical assaults or mischief to property. must try to do before bringing such a case to court and, in order to persuade a judge that it is necessary to force someone out of the condominium com- munity, they need to have a well-doc- umented history of the alleged abuses, the evidence for them, and the corpora- tion's attempts to deal with them, says Roberts. Davidson observes that these cases But that is what a condo corporation " are often complicated by the fact the perpetrator may well suffer from a dis- ability or a mental illness, in which case human rights issues come into play. "In many cases, it takes a long time. You have to go through all the other pos- sible remedies," he says, before you can convince a court there is no other alter- native and "although the unacceptable conduct may be the result of a disability, the other owners don't have to put up with it anymore. " e, where the original mortgagee has ass s for the supply of domestic utility or tele le of the mortgage and the right to recei do not materially affect the present use ments with publicly regulated utilities prov are complied with; you (b) any registered un with the land providing that such are telephone lines, cable television lines or Keeping you central to the real estate transaction.* titleplus.ca * The TitlePLUS® policy is underwritten by Lawyers' Professional Indemnity Company (LAWPRO® ® Registered trademark of Lawyers' Professional Indemnity Company. Untitled-1 1 ). 1-800-410-1013 www.CANADIAN Lawyermag.com N O VEMBER / D ECEMBER 2012 23 12-08-10 11:53 AM djacent properties, and any easements ovided in this agreement and save and e

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