|Throwing cat feces over the balcony|
& threatening other residents
|Owner ordered to sell in very short order|
|Foul odours, due to uncleanliness and cockroaches
|The restaurant gets to stay
|Loud tenants get to stay, marijuana smoker moved out
||that Mr. Pereira shall sell and vacate his unit within six months;|
||that Mr. Pereira be prohibited from conducting himself in a manner which is, or threatens to be, oppressive or unfairly prejudicial to the Corporation, the unit owners and residents; and|
||that Mr. Pereira remove any animal or pet from his unit with ten days.|
||ejecting cat litter feces and
water from his balcony at various times since 2010;
||failing to comply with the
request to remove the balcony screen for two years, and only after this
application was commenced; and
||repeatedly abusing employees and
residents of the building verbally and physically in a manner that is
threatening or intimidating to them.
||Mr. Pereira shall pay the
outstanding charge of $169.50 within 30 days.
||Mr. Pereira shall not throw any
objects or permit any objects (including water, except rain water) to
be emitted from his balcony.
||Mr. Pereira shall comply with
all provisions of the Act, and the declaration, by-laws and rules of
the corporation, including any restriction on the condition and use of
his balcony and parking stall.
||Mr. Pereira shall refrain from
verbally or physically assaulting or intimidating, threatening to
assault or intimidation of any resident or person in or on the condo
premises, including towards other residents, the
superintendent, maintenance and repair workers, guests and anyone else
lawfully entitled to be on the condominium premises.
||Mr. Pereira shall refrain from
any disruptive behaviour which would breach the rights of the residents
and occupants of the condominium premises to quiet enjoyment and use of
their units and the condominium premises.
||Should Mr. Pereira breach the
terms of this order, any further proceedings by the corporation or
other unit holders shall be entitled to repeat and rely on the
incidents and actions of Mr. Pereira described herein, as evidence of a
course of continuing obstructive and damaging behaviour of Mr. Pereira,
which unfairly disregards the interests of the corporation or other
unit owners, in connection with any further relief sought against Mr.
Pereira, including an order requiring Mr. Pereira to sell his
condominium unit and move from the building.
||a permanent injunction, restraining the respondent from;|
|(i)||entering upon the common elements of the condominium except for the purpose of ingress to and egress from her unit;|
|(ii)||having any oral or physical contact or communication with any resident or employee of the applicant;|
|(iii)||communicating with, harassing or having any contact (whether in person, by telephone, by e-mail, or in writing) with any member of the board of directors, any management or security personnel, or any other employee of the applicant, or any other person doing business with the condominium including but not limited to, any of the individuals who have sworn affidavits in these proceedings;|
||coming within 25 feet of any of the individuals who have sworn affidavits in these proceedings;|
||entering or coming within 25 feet of the condominium’s management office located at 85 Emmet Ave., Toronto, Ontario; and|
||contacting, communicating with or harassing any member of the board of directors, any management or security personnel, any employee or contractor of the condominium, or any person doing business with the condominium;|
||an order requiring the respondent to vacate her unit at YCC No. 137 (Unit 1, Level 6) immediately and permanently, and to list that unit for sale immediately, such sale to close nor more than 90 days from the date of the order of this court, failing which the condominium shall be entitled to list unit for sale and thereafter to sell unit, to recover all of its costs in returning the unit state of fitness for occupation from the proceeds of sale, and to move without notice before the court, if necessary, for a writ of possession that will enable the condominium to have vacant possession of the unit in order to give effect to the sale;|
||a declaration that the respondent has breached sections 117 and 119(1) of the Condominium Act 1998, Articles III (1), IV(1)(b) and(c)and XII(2) of the declaration of YCC No. 137 and rules 4, 8, 10 and 15 of the Rules of YC No. 137;|
||an order that the respondent cease and desist from her uncivil, improper and illegal conduct that violates the Act and the declaration and rules of YC No. 137;|
||an order that the respondent be removed from the board of directors before the expiration of her term of office;|
||an order that the respondent’s appointment as secretary to the board of directors be revoked;|
||an order that the respondent return any of the condominium’s documents, minutes of meetings, and keys that are in her possession;|
||an order that the respondent comply with YCC No. 137’s declaration, bylaws and rules as required by section 119 (1) of the Act;|
||an order that, pursuant to section 134 of the Act, the respondent pay to the applicant its costs on a substantial indemnity basis and that such costs be deemed to be common expense contributions attributable to the respondent’s unit; and|
||an order that if the respondent fails to comply with any order issued by the court, the applicant may re-attend on two days notice for further orders to enforce compliance.|
||19 Sep 2011 assault on Mario Santos. (She is 80 years old.)|
||20 Sept 2011 assault on Ana Agostinho|
||24 Sep 2011 threatening voicemail left for Ruth Abraham|
||28 Sep 2011 assault on Sherry Dasilva|
||Early Oct 2011 assault on Sherry Dasilva|
||12 Dec 2011 verbal abuse of Sherry Dasilva|
||is the respondent in non-compliance with the Act or the declaration, bylaws or rules of the condominium?|
||if yes, has the condominium properly initiated these proceedings?|
||if yes, what is the appropriate remedy in the circumstances of this case?|
|1.||to be of good behavior and keep
the peace while on any property associated with the condominium;
||to cease and desist from
uncivil, improper or illegal conduct that violates the Act or
declaration, bylaws or rules of the condominium;
||to refrain from assaulting,
verbally abusing, swearing at, harassing, threatening or intimidating
any member of the board, unit owner or occupier or staff member,
contractor or other person doing business with the condominium
including, without limitation, any person who has sworn an affidavit or
provided evidence of any kind in this application; and
||to refrain from approaching,
within 15 feet, except at a duly authorized board meeting or duly
authorized meeting of unit owners: Maria Santos, Ana Agostinho, Sherry
Dasilva, Ruth Abraham, Joao Tavares or Nedda Zaharelos.
||The board took
their responsibilities seriously and they acted quickly.
condo community as a whole; management, security, the residents and the
corporation's lawyer worked together to deal with this problem.
||The residents made numerous verbal and written complaints about the behaviour of Lull Hirsi and her guests.|
||The condo's lawyer
had 16 written reports from security, 14
written complaints from unit owners, two police reports regarding
the shooting and stabbing incidents and seven affidavits from unit
owners, property management and security personnel.
||The condo had assistance from the Peel Police in serving Notices of Trespass to visitors to the unit at the time of the shooting incident while they were in police custody.|
||Lull Hirsi did not
defend the application in court.
||obey and adhere to the condominium corporation bylaws;|
||not permit staff and associated individuals to threaten or harass members of the condo corporation Board and others in the complex;|
||not permit water to run unattended and for extended periods of time over frozen meats;|
||make timely payment of all condominium fines;|
||and other similar relief.|
||to comply with the condominium’s by-laws;|
||to compensate the condominium corporation for the hole in the exterior wall, either by effecting a repair of the wall or by paying the corporation for the damage done to common property. If the parties are unable, within 30 days of the release of this decision to agree on the appropriate amount of compensation, Water’s Edge will be at liberty to set up a hearing before me to set the amount of compensation;|
||within 15 days of the release of this decision, to provide the condo board with complete plans of all changes made to the HVAC system and to ask the condo board for approval of those plans;|
||within 15 days of the release of this decision, to provide the condo board with proof from the municipal fire service authorities that the restaurant’s premises comply with the fire code;|
||within 15 days of the release of this decision, to ask the condominium corporation for approval of the removal and replacement of the common property walls inside the restaurant premises.|