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Workplace harassment
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YCC No 163 v Robinson
Superior Court of Justice—Ontario
Court File No: CV-16-565154
Before: Justice E.M. Morgan
Heard: 13 April 2017
This judgment has several items of importance for all condo owners.
Abusive behaviour
An owner, who is an ex-director of her condo corporation, had been
visiting the management office and sending numerous e-mails to
management and the president of the board, pointing out repairs that were required. Her complaints and issues were legitimate.
So far so good. |
914-920 Yonge Street
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However, the judge ruled that she peppered her helpful suggestions and reports with
insults and personal abuse, especially towards the property manager.
Workplace harassment
It
is recognized that workers, including those in condos, have the
right to work a respectful and harassment-free workplace. What was
considered normal conversation just a few years ago, including
"shop-talk" may not be deemed harmless today.
So owners
need to take care to keep their conversations and e-mails civil as any
and all statements that could be considered hurtful or abusive may be
used against them.
Confidences
If
an owner speaks poorly of a director, a manager, a superintendent or a
cleaner to another person, more likely than not, those statements will
get back to the person being talked about. Just because someone shares
your opinion of the manager's or board's performance, does not
automatically make them allies. Worse case: you can expect at least
some of those
statements to appear in court affidavits. With one confidant, that's
what happened here.
Stale incidents
When one party is trying to paint the other in as poor of a light as
possible, all kinds of incidents and accusations, some years old,
may be included in the affidavits in attempt to discredit their target.
Ruling
"The Respondent shall cease and desist from uncivil or illegal conduct
that violates the Condominium Act or Rules of the Applicant. The
Respondent shall also refrain from verbally or in writing abusing,
harassing, threatening, or intimidating any employee or representative
of the Applicant, and shall comply with section 117 of the Condominium
Act by ceasing to conduct herself in a way that is likely to cause
injury to an employee or representative of the Applicant."
Courts are expensive
The
board can take an owner to court as the legal costs are spread out
among all the owners. For the directors it is practically free.
However, legal fees are very expensive for a single owner. A board may
use legal costs as a way of settling scores with an owner they do not
like or as a way of encouraging them to sell and move out.
Interesting costs award
The condo wanted over $20,000 on a partial indemnity basis, while the owner, if she won, wanted $13,500. The judge ruled:
"Costs are discretionary. Of particular relevance is the direction that
costs conform with “the amount of costs than an unsuccessful party
could reasonably expect to pay in relation to the step in the
proceeding for which costs are being fixed. The Respondent shall pay
the Applicant costs in the amount of $15,000, all inclusive."
Note that the judge did not state when the costs had to be paid.
Reaction on the law firm blogs
If you can't say anything nice, don't say anything at all
Sutherland Kelly LLP
Hopefully, this case will serve as a warning to other owners who frequently harass other members of the condominium community.
http://bit.ly/2pqEDNB
A two-way street
CondoMadness
I would add that what seems good for the goose is also good for the
gander. There are condo managers, directors, security staff, cleaners and superintendents who are abusive to certain owners.
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