In the recent case of Peel Condominium Corporation No. 96 v. C.L., the Ontario Superior Court of Justice addressed a growing concern in condominium communities: when does persistent communication from a unit owner become harassment?
The Background
The respondent, a unit owner identified as C.L., had sent over 119 emails to the condominium’s property managers, legal counsel, and board members over a 10-month period. These messages were not just frequent but were also aggressive, demanding, and often laced with personal insults. The communications included threats to escalate matters to regulators and derogatory remarks aimed at staff and board members, including emails threatening the property management’s employment.
The Legal Issue
The core issue was whether this pattern of communication constituted harassment under the Occupational Health and Safety Act (OHSA) and whether the condominium corporation was justified in seeking a court order to restrict the owner’s interactions.
The Court’s Decision
The court found that C.L.’s conduct amounted to “keyboard bullying” and created a toxic work environment for the property management staff. A formal harassment complaint had been filed by a property administrator who felt unsafe due to the owner’s behavior.
The Court emphasized that under the OHSA, the condominium corporation had a legal duty to protect its workers from harassment. As such, the court granted a compliance order that restricted the unit owner’s communications and interactions with the corporation and its agents.
The Court ordered, in part:
- C.L. not harass or intimidate PCC 96’s management, the board, or staff, or make personalized attacks about their job security or tenure; and
- C.L’s written communications with PCC 96’s management, board, or agents be limited to two emails per month, and only to an email address PCC 96 designates for this purpose, except in the case of an immediate threat to safety of persons or property or immediate risk of damage to property.
Why This Case Matters
This decision sets a clear precedent: condominium corporations are not powerless in the face of abusive communication from residents. When such behavior crosses into harassment, corporations can (and should) seek judicial intervention.
Key Takeaways for Condo Boards and Managers
- Document everything: Keep detailed records of all communications that may constitute harassment.
- Act early: Don’t wait until the situation escalates. Engage legal counsel and consider issuing warnings or cease and desist letters.
- Know your rights: The OHSA and the Condominium Act, 1998 provide tools to protect staff and maintain a respectful community environment.
- Seek court orders when necessary: As shown in PCC 96 v. C.L., the courts will support reasonable efforts to curb harassment.
