Release date: October 15, 2021

Legislation Prohibits Harassment Of Property Management

As the Province of Ontario continues to navigate through the fourth wave of the COVID-19 pandemic, CCI Toronto and Area Chapter continues to hear reports from property managers who are being subject to harassment in their respective condominium communities.  These complaints stem from on-site and online interactions with owners and residents respecting the enforcement of mask policies, as well as other issues.

We remind our members that condominium corporations have an express legal obligation to protect the health and safety of their on-site property managers.  As an occupier of the common elements, a corporation has the responsibility under the Occupier’s Liability Act to take such reasonable care as to “…see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.” 

Similarly, under Section 117 of the Condominium Act, 1998, condominium corporations have a statutory duty to protect individuals from any activity at the condominium that is likely to cause them injury.  Several court decisions have ruled that this duty includes protecting workers from psychological harm, and not just from physical injury.  As of January 1, 2022, Section 117 will expressly also prohibit an act or omission, conditions or activities which are likely to cause “illness to an individual.”

There is also an express legal obligation to appropriately investigate and prevent workplace harassment against workers, including property managers.  Property managers are “workers” at the condominium under the provisions of the Occupational Health and Safety Act (the “OHSA”).  Sections 25(2)(h) and 32.0.7(1) of the OHSA require the condominium corporation to take all reasonable steps for the protection of its workers, including investigating and protecting its agents from harassment in the workplace.

CCI is committed to providing regular ongoing updates regarding all legislation concerning condominiums, in order to keep our members abreast of changes they need to be aware of.