Skip to content

Narrow screen resolution Wide screen resolution Auto adjust screen size Increase font size Decrease font size Default font size default color brick color green color
CAFCOR Forum
_GEN_GOTOBOTTOM Post Reply
TOPIC:
#18651
EXPULSIONS for ANTI-SOCIAL behaviour ? Osgoode Hall Law Journal reviews disturbing aspects 2016/12/21 00:25  
Written before Toronto's Greco expulsion / condo unit sale order, a U.B.C.law professor's upcoming article will point to some disturbing aspects of the 10 or more Ontario & BC condo condo expulsions/unit sale orders issued in the last 15 years.

1 - The undefended Greco expulsion actually reinforces his speculation. http://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&catid=2&id=18641#18641 )

2 - Even more disturbing would have been to note that where defences are raised, most seem to be by SRL self represented or 'pro se'. Did illness or disability mask the seriousness of consequences / somewhat one-sided outcomes with imbalance of power between disputants ?

SRLs - maybe without any disability except financial - are usually quick & easy targets for professional counsel. Did the targets grasp what was about to happen to them , like vexatious geriatric litigant Mr BEA in B.C. ( technically not even the owner of record. It's out the door for him & his owner wife - SEE CAFCOR Out of Province item http://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&id=18024&catid=11 ) ?

3 - Douglas C. Harris notes ( as done at this Forum for years ) that mental health problems / addictions / a child with autism etc appear in enough of the cases to raise sidebar questions about alternatives & the overstretched OPGT - ( public trustee).

It's arguably of some wider societal concern for sweeping the weak and/or sick out the door, maybe to live eventually under bridges.

Condos & HOAs are of course not hospices. If the legislature cared it would not have been ripping down all types of institutions for decades, discharging the mentally ill with overpriced meds into understaffed group homes or whatever warehousing.

4 - Harris further analyzes that the expulsions are creating a premium in usage / potential enhancement of market value, by sweeping out the alleged 'Bad Behaver' owners in a way unavailable to non-condo communities.

( This somewhat ignores that Ontario residential tenants have 'tenure' - a technical interest in land also - but are nevertheless capable of being evicted from their homes by L&T Board order for substantial interference etc. )

5 - A biological aspect is further raised by his analyzing some sort of Intensification link to the spread of these owner expulsions / breakdown of respect for neighbours, bullying, whatever. Like the cats in your waiting room getting closer to melt down as more & more are brought in . . .

6 - Harris contends that judicial expulsions & unit/strata sale orders did not have EXPRESS legislated empowerment. ( This may treat the inherent 'as deemed judicially fit' scope for adjudication outcomes in legislation, to not clearly platform specific & drastic stripping of property ownership. )

He may be unaware that Ontario's 2015 PCO 'protecting' etc amendments ( not yet implemented ) confirm intact judicial discretion albeit to be conditioned by changes to sections 117, 134 and 135.

Section 135.1(1) will arguably be a statutory blessing or legitimacy for “Order for permanent removal of person” ( NOTE THIS DOES NOT literally ADDRESS UNIT SALE ). Arguably it is a legislative blessing for judges to expel the anti socials where satisfied of enough behavioral criteria.

7 - An American example of ownership - stripping is cited ( Tennessee ). ( Is this somewhat less common where 'state agency' for enforcement might trigger constitutional property deprivation rights that hamper government or courts. Don't Canadians have property rights ? )

It is claimed by CAI etc that over 60 million Americans live in such communities. Do those prefer to shoot the disturbers or leave anti-social misconduct to the police or municipal enforcers ?
  The administrator has disabled public write access.
#18653
EXPULSIONS for ANTI-SOCIAL behaviour ? Osgoode Hall Law Journal reviews disturbing aspects 2016/12/21 11:47  
cross reference to an American expulsion & forced sale described as being not too common in the Harris article above :

See CAFCOR Out of Province sub-forum Item :

" TENNESSEE court upheld a judicial EXPULSION/ UNIT SALE for hoarding/ biohazards/obstruction"

http://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&catid=11&id=18652#18652

Even with America's 5th & 14th amendment addressing undue deprivation of property, condos & HOAs ain't hospices. 19th & 18th century legislators didn't share elevators . . .
  The administrator has disabled public write access.
#18728
another BC expulsion to add : EXPULSIONS for ANTI-SOCIAL behaviour 2017/05/25 01:57  
The (above) Osgoode Hall article author's home Province has just added another judicial Order of PHYSICAL EXPULSION & STRATA SALE ( 30 day deadline ) for contempt of a prior court order & for refusal to pay fines.

For anti-social disturbances in 'contempt' now alleged beyond Korolekh ( Ontario ) due to alleged physical assaults, the order is issued 'ex parte'.

There is a suggestion that the owner's same-sex companion may have some mental challenges, a not uncommon aspect including the BC Jordison order against a mother with autistic child.

( A separate topic for this Burnaby B.C expulsion & sale order, is set up at the Out of Province section : http://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&catid=11&id=18729#18729 )

The Owners , Strata Plan NW 1245 v Linden 2017 BCSC 852 issued May 4/17 http://canlii.ca/t/h3w89

May 23/17 CBC BC

“Court orders condo owners to sell following complaints of abusive behaviour. Forced sale follows previous court order for couple to stop uttering obscenities, threats at neighbours” http://www.cbc.ca/news/canada/british-columbia/condo-owners-forced-to-sell-property-following-court- battle-1.4128652
  The administrator has disabled public write access.
_GEN_GOTOTOP Post Reply
contact webmaster