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TRIBUNAL clarifies $ AWARD ORDERS; whacks 'HANDS-OFF' LANDLORD- T.S.C.C. 2804 v Micoli et al 2023/04/14 19:43  
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

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”
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