Did this mishigas start over a westend Ottawa condo owner's opposition to range limiters ( child safety window opening guards ) required by Building Code in replacement of his unit’s Common Element windows ?
Claimed it would reduce air flow & infringe his rights. ( Just how fresh would have been the air downwind of express highway 416 south of Baseline in Nepean anyway ? Could he ever have guaranteed no child would even visit ? )
So it took a court order, police & locksmith to complete the window replacements in his former unit.
Flash forward 5 years:
After withholding fees and defying a condo lien next redeemed by the lender, owner Steven Vrhovac Nicholas has already had his unit sold from under him by lender T-D.
And been evicted.
But he was not finished yet.
Sued the lender & former condo corporation.
On Aug 12/16 his pro se SRL self represented litigant claim against his former Nepean Ontario condo corporation Carleton C.C. #336 has been summarily dismissed upfront as untimely & 'res judicata' ( game completed ).
Nicholas' parallel claim against lender TD is allowed to continue.
Notable is that prior to the sale & expulsion this was NOT an 'underwater' asset without equity, the loan balance in 2012 being less than a quarter of the eventual Power of sale price. Withholding fees, denying lawful access & defying the condo lien, have literally triggered loss of the unit & eviction over the window specs.
Nicholas v T-D Bank & Carleton C.C. # 336 2016 ONSC 3824 issued Aug 12/16
http://canlii.ca/t/gsx2g