Legal

March 27, 2026 Published by Golden Horseshoe Chapter - By Inderpreet Sandhu

Condominium Corporation Secures Eviction, Forced Sale, and Full Costs at First Court Appearance

From the Volume 27, Spring 2026 issue of the CCI GHC Condo News Magazine

In a decisive ruling in Halton Standard Condominium Corp. No. 703 v. Howe, 2025 ONSC 7260, the Ontario Superior Court granted a condominium corporation one of the most extraordinary remedies available under condominium law: an immediate eviction and forced sale order on the very first court appearance, together with full indemnity legal costs.

The application arose after a long pattern of escalating misconduct by unit owner, Jennifer Howe. Numerous witnesses provided unchallenged evidence of violent, threatening, and dangerous acts that spanned more than a year and ranged from attempted and successful break-ins (including one involving a knife), to carrying weapons in common areas, to repeated harassment, property damage, and false emergency calls. Residents reported being afraid to leave their units, and staff described fearing for their own safety while performing regular duties. Despite written warnings, police involvement, and service of the court application, the respondent’s behaviour continued unabated.

The Honourable Justice Schabas found clear breaches of section 117 of the Condominium Act, 1998, multiple provisions of the condominium’s Declaration and Rules, and the workplace harassment provisions of the Occupational Health and Safety Act. The decision emphasized that the building environment had become unsafe and intolerable, and that Ms. Howe’s failure to participate in the proceeding or heed any warnings demonstrated an entrenched pattern of unmanageable behaviour. This, the court noted, constituted the “perfect storm” justifying the most severe remedy available.

Relying on prior authorities where courts ordered forced sales in similarly extreme circumstances, the Court held that the corporation had met the high threshold for this exceptional relief. Ms. Howe was ordered to vacate and sell her unit within three months and prohibited from returning to the property. The Court also ordered her to immediately cease all offensive conduct as detailed in the judgment.

In addition to the removal order, the corporation achieved a complete financial recovery. Justice Schabas ordered Ms. Howe to reimburse $11,035.66 for repair costs and increased staffing directly resulting from her misconduct, and to pay $40,760.08 in full indemnity legal costs, all collectible in the same manner as common expenses. Few condominium cases result in such a comprehensive and immediate victory at the first hearing.

This decision reaffirms that Ontario courts will act swiftly and decisively where an owner’s conduct endangers residents, staff, or the integrity of condominium living. Accordingly, in the clearest and most serious cases, corporations can obtain an eviction, forced sale, and full costs without the need for multiple appearances or prolonged litigation.

Inderpreet Sandhu is an associate at Shibley Righton LLP and works exclusively with the condominium law group at Shibley Righton. She articled with the firm from 2017-2018 and was called to the Bar in 2018.