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Mental health issues

TSCC No. 2395 and Joyce Wong
Superior Court of Justice—Ontario
Court File No: CV-16-562131
Before:      Madam Justice Jasmine T. Akbarali
Heard:       19 December 2016

Counsel:   Jonathan Fine for the Applicant
                 Ariel Schneider for the Office of the Public Guardian and Trustee

No one appearing for the Respondent

35 Saranac Blvd has 342 units and was registered in August 2014. It is managed by Del Property Managment

Ms. Wong purchased her unit in September 2014. A year later, Ms. Wong began a pattern of behaviour that has escalated, and is now threatening and dangerous.

TSCC #2395 sought an injunction pursuant to the Condominium Act and an compliance order pursuant to s. 134(1) of the Condominium Act, prohibiting Joyce Wong, from:

a.	having direct or indirect contact with any employee, manager, security personnel, or agent of the applicant or member of the applicant’s board of directors;
b.	coming within 25 feet of the corporation's personnel in so far as the physical configuration of the property permits, and where it does not, keeping the maximum distance between herself and TSCC #2395 personnel;
c.	disturbing the comfort and quiet enjoyment of the common elements of the property;
d.	entering or coming within 25 feet of the management office located on the property in so far as the physical configuration of the property permits, and where it does not, keeping the maximum possible distance between the management office and herself.

The condo corporation also sought declaratory relief, declaring that:

a.	Ms. Wong’s behaviour constitutes workplace harassment.
b.	Ms. Wong has breached s.117 of the Condo Act by harassing, threatening, intimidating, verbally abusing and physically assaulting TSCC #2395 personnel; and
c.	Ms. Wong has breached the “Quiet Enjoyment” Rules in that she has created noise and nuisance, including yelling, using threatening language and attempting to instigate a fight on the common elements to disturb the comfort and quiet enjoyment of persons therein, namely the TSCC #2395 personnel.

Mental examination
TSCC #2395 asked the court to consider whether it is necessary to order that Ms. Wong undergo a mental examination by a health practitioner to enable the health practitioner to opine on whether Ms. Wong is a party under a disability and thus to enable this court to determine at a later date whether Ms. Wong is a party under a disability such that the court should order the appointment of a litigation guardian, being the Office of the Public Guardian and Trustee.

Finally, the applicant seeks its costs.

Issues
The Mental Examination
The Office of the Public Guardian and Trustee appeared on the application. It had received the materials on the previous business day, and sought only that any decision regarding whether Ms. Wong required a litigation guardian be adjourned.

The judge declined to order the mental examination and therefore dismiss the application insofar as it seeks the appointment of a litigation guardian for Ms. Wong.
   
Injunctive Relief and Compliance Order
In order to grant an interlocutory injunction, the judge must be satisfied that the three part test is met.

First	the moving party must demonstrate that there is a serious issue to be tried.
Second	the moving party must demonstrate that irreparable harm will result if the relief is not granted.
Finally	the balance of convenience must favour the applicant.

The judge was satisfied that the test for an interlocutory injunction was met. The applicant has established that the interlocutory injunction, compliance order and declaratory relief it sought was warranted.

Section 117 of the Condominium Act provides that “no person shall permit a condition to exist or carry on an activity in a unit or in the common elements if the condition or the activity is likely to damage the property or cause injury to an individual”.  There is a serious issue as to whether Ms. Wong’s conduct is likely to damage property or cause injury, including psychological injury, to other owners and occupiers of units, or to TSCC #2395 personnel.

TSCC #2395’s declaration and rules prohibit a noise or nuisance that interferes with the ability of others to enjoy the common elements. There is a serious question to be tried as to whether Ms. Wong’s conduct is in breach of the declaration and rules.

Second, I am satisfied that the moving party has demonstrated that irreparable harm will result if the injunction is not granted. Irreparable harm may include the increased risk of personal injury or assault. Irreparable harm also includes psychological harm that is more than transient or trifling.

Declaratory Relief
The judge was satisfied that the applicant was entitled to Injunctive relief and a declaration that Ms. Wong’s behaviour constitutes workplace harassment and that she breached the Quiet Enjoyment Rules.

Costs
The applicant seeks its costs of this application on a partial indemnity scale in the amount of $16,621.45.

Compliance
Finally, I also grant the applicant’s request for an order allowing it to reattend on two days’ notice for a further order to enforce compliance if Ms. Wong fails to comply with my order.

Comments
Who would ever of thought that a condo corporation would go to court to request that a resident be given a mental examination? Also, why was the Office of the Public Guardian and Trustee given only one day's notice of the court hearing?
—CondoMadness

Did you know that it is a breach of the human rights code to discriminate against people with mental illnesses?
—reader


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