Step 2. Legal Considerations
Review the condo corporation’s governing documents
Review your condo corporation’s declaration, rules or by-laws to see if there are any harassment provisions or obligations.
You can request a copy from your condo corporation using the mandatory Request for Records form.
You should notify your condo corporation immediately if you have any harassment issues so they can deal with them.
Condo corporations or owners can take legal action against other condo owners, occupants or the corporation by filing an application with the Condominium Authority Tribunal if they are:
- causing a nuisance, annoyance or disruption
- not complying with the condo corporation’s governing documents
The Tribunal can only deal with harassment issues if:
- the condo corporation’s governing documents prohibit, restrict or address harassment
- the harassment is causing a nuisance, annoyance or disruption involving noise, odour, light, vibration, smoke or vapour.
The Tribunal cannot deal with disputes that involve dangerous situations which have caused or are likely to cause injury, illness or damage to a condo unit or common element.
Other legal considerations
A person can be charged with criminal harassment under section 264 of the Criminal Code of Canada if they:
- repeatedly follow the other person from place to place
- repeatedly communicate with the other person without receiving a response
- watch the place of residence, work or business of the other person
- threaten the other person or a member of their family.
The Ontario Health and Safety Act ensures that all workers in condo corporations are protected from workplace health and safety hazards and that employers, including condo corporations, comply with the Act’s requirements and standards. Condo corporations might need to investigate reported harassment of staff, address any workplace harassment issues and develop anti-harassment policies.
The Ontario Human Rights Code gives everyone equal rights and opportunities without discrimination in specific social areas such as jobs, housing, services, facilities and contracts or agreements and defines harassment as “engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.” Read more about Code-protected grounds and social areas and Code-related issues in your condo community.