Condo Corporations Owe a Fiduciary Duty to Owners in Breach of the Rules

This is the recent story of an Ottawa condominium corporation who brought a compliance application against the occupant of a unit. Unfortunately for the corporation, when came the time to rule on legal costs, the corporation was reminded that it must consider and balance the interests of all owners…  even those in breach of the rules.

A condo corporation brought the owner and her adult son to court, claiming that he had engaged in dangerous conduct which risked the health and safety of other residents.  It even sought the intervention of the police and a permanent removal from the premises if the son failed to comply with an order of the court.