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HELD ACTIONABLE NUISANCE by Tribunal & costs : tenant SWEEPS BALCONY / HANGS RUGS 2022/10/18 16:25  
Not legal advice as usual.

Can a condo tenant's defiant recurrent scofflaw sweeping of dirt & water from a balcony - as well as recurrent scofflaw hanging of rug - be actionable enough to trigger Tribunal cost punishments ?

( Admittedly a zinger for those of us who live in detached housing rather than compact stratified housing. Yes : folks can really be vexed by rule-breaking dirt & dust set descending onto lower balconies . . . . dirtying glass facings & furniture etc ! )

That's an order & costs against both the scofflaw cleanliness freak ( tenant ) and her condo landlord concurrently awaiting a tenant eviction order sought from the Province's jammed up Landlord & Tenant Board.

Yes, rules an adjudicator at ONCAT Ontario's Condominium Authority Tribunal.

AND there is a relevant finding of fact that neither respondent did at best more than nominally respond during the ONCAT process. ONCAT adjudicator hits both for substantial pre-Cat and adjudication process costs amidst Declaration’s ( arguably strong enough ) indemnification provision & express enough Rules prohibit the particular activity.

Wonder if the ONCAT Order & costs award will sink in now ? Could this possibly have been a non-violent but prolonged series of civil disobediences ?

An extremely interesting discussion of ONCAT cost awards is reviewed by well respected Ottawa condo lawyer Jim Davidson ( partner DHA Davidson Houle Allen LLP )

T.S.C.C. # 2138 v Palmer et al (2022) ONCAT 104 issued Oct 5/22

Oct 18/22 “Additional Clarity Respecting Nuisances and Costs at the CAT” by Ottawa lawyer/ partner DHA
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