Elder Abuse and Removing a Disruptive Occupant

In a recent decision, the Ontario Superior Court permanently banned an individual from occupying or even visiting a condominium unit due to repeated harassment and elder abuse concerns. The case, YRCC No. 570 v. Edery, underscores the responsibilities of condo boards to ensure resident safety and enforce compliance under the Act.

Key Facts

• Kathryn Edery, an elderly unit owner with Alzheimer’s, was joined in her unit by her daughter, Renee, after October 2023.
• The Corporation received numerous complaints about Renee’s harassing and threatening behavior towards staff and residents.
• Evidence included stalking, impersonating her mother in emails, installing surveillance inside the unit, and isolating Kathryn from other family members.
• The owner’s other daughters with valid powers of attorney alleged Renee’s conduct amounted to elder abuse.

Legal Issues

The court was asked to determine:

1. Whether the condo corporation had grounds to seek a compliance order under section 134 of the Act.
2. Whether Renee’s actions violated sections 117 (prohibition against dangerous activities) and 119 (requirement to comply with rules) of the Act.
3. The impact of conflicting powers of attorney on legal representation and responsibility.

Court’s Findings

The court ruled that:

• Renee engaged in conduct that endangered staff and residents, violated the condo’s rules, and interfered with its administration.
• Evidence showed clear breaches of the Act, including harassment and intimidation.
• The condominium board had exhausted other remedies, making a court order necessary.
• Renee was permanently banned from occupying or visiting the unit or property.

Implications for Condo Boards

This case is a powerful example of how:

• Section 134 can be used to enforce compliance when other measures fail.
• Sections 117 and 119 support removing disruptive or dangerous individuals.
• Condo boards must act to protect residents from danger and fulfil their duties to their employees under the Occupational Health and Safety Act

What Should a Board Do If It Suspects Elder Abuse?

While this Court order was obtained on the basis of enforcing the rules and protecting others on the property from harm, the evidence of elder abuse presented was certainly a factor. If a condominium board suspects that elder abuse is taking place:

1. Document the concerns: Keep clear, organised, and dated records of all incidents, reports, and communications. Keeping these in a log or spreadsheet is a great way to stay organised (but make sure you hold on to the actual records themselves as well).
2. Notify the appropriate attorneys: If powers of attorney are on file, contact them regarding your concerns.
3. Report to the OPGT: File a report with the Office of the Public Guardian and Trustee, especially if the individual appears to be incapable of personal care or property management.
4. Consult legal counsel: Seek legal advice to determine appropriate steps, including whether a compliance application or order is necessary.
5. Act swiftly but sensitively: Ensure the resident’s safety while respecting privacy and dignity. The goal is to protect, not penalise.

Boards have a duty to ensure that no activity takes place in a unit or the common elements that is likely to cause an injury or an illness to an individual. This may, in certain circumstances, require the Board to take steps to safeguard vulnerable residents. Taking prompt, documented, and legally guided action can make all the difference.

Conclusion

The Edery case serves as a clear message to Ontario condominium corporations: protecting residents and enforcing rules are not just obligations—they are duties backed by strong legal remedies. Boards facing similar challenges should take prompt, documented, and legally guided steps to ensure a safe community for all.

You can read the York Region Condominium Corporation No. 570 v. Edery, 2025 ONSC 2166.

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For further guidance on compliance enforcement and resident safety issues, Condo Adviser is here to help you navigate Ontario condo law with confidence.