Not legal advice as usual.
An ONCAT Ontario Condominium Authority Tribunal decision by its Vice-Chair has clarified the Tribunal's scope to punish the landlords of tenant disturbers. ( And others too )
Released Feb 10/23
T.S.C.C. # 2804 v Micoli et al orders a halt to disturbances by a residential tenant still in possession at date of its writing.
The bigger aspect respectfully may be how the adjudicator applies ONCAT's compensation & costs scope against the disturber's landlord. ( see legal article below )
Tribunal
Vice-Chair & lawyer Michael Clifton orders a halt to tenant disturbances and
notably lays significant financial hits against the landlord personally. Of the prevailing applicant condo corporation's costs claimed at + $ 45 K , the ( arguably ‘hands-off’ ) landlord personally and solely is hit for $ 8,550
in condo costs at ONCAT plus jointly & severally with his disruptive tenant for $ 18,500 K as “COMPENSATION”. That means that with tenant contribution ? likely ? questionable, the condo landlord gets hit potentially for the whole "compensation” and costs amounts.
Think : $ 27 K , plus his minimal representation costs of being barely a by-stander throughout the ONCAT process according to the adjudicator's comments ! ( Hmm . . . Was that strategy smart ? . . . . )
PLUS is faced retroactively with the Declaration’s indemnification clause which expressly purports to platform all the balance being laid on him ( whether or not the landlord can challenge such successfully ) ! Remember the $ 45 K ?
So as much as all $ 27 K in awards may be only the start of the punishment.
AND at date of issue the disturber is /was still in possession of the unit ! Yes , the L & T Board is jammed; all the more reason to do tenant selection wisely.
T.S.C.C. # 2804 v Micoli et al 2023 ONCAT 21 issued Feb 10/23
https://canlii.ca/t/jn814 Interesting review by well-respected Ottawa condo law specialist Jim Davidson : March 1/23 lawyer Jim Davidson (Davidson Houle Allen LLP )
“An Important CAT Case About Compensation and Costs” https://dhacondolaw.ca/condo-law-news/an-important-cat-case-about-compensation-costs/