15/07/2025– Jurisdiction Ontario
Part 91 published on 01/09/2025
The Respondent was permanently prohibited from occupying or visiting a unit in the condominium.
The Respondent’s mother (the owner and primary occupant of the unit) suffered from Alzheimer’s disease. The Respondent had engaged in threatening conduct toward staff and residents, impersonated her mother, installed surveillance inside the unit, and isolated her mother from other family members who held valid powers of attorney.
The Court permanently banned the Respondent from occupying or visiting the condominium unit owned by her mother. The Court also granted numerous other compliance orders against the Respondent.
The court held that the Respondent’s actions breached sections 117 and 119 of the Condominium Act, endangered others, and interfered with the condominium corporation’s administration.
Finally, the Court awarded costs to the condominium corporation, on a full indemnity basis, which costs were payable jointly by the Respondent and by the owner of the unit (the mother) even though the mother was entirely innocent. The Court said:
It is an unfortunate result that Kathryn Edery must bear the costs occasioned by Renee’s conduct, but I find that the Act and jurisprudence require that the Respondents Kathryn Edery and Renee Edery bear the costs jointly and severally.