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Harassment

Step 2. Legal Considerations

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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.

Examples of harassment provisions:

Prohibit verbal or physical confrontation with other residents

Prohibit hurtful, aggressive or discriminatory language in common areas

Prohibit publicly posting or distributing hurtful, aggressive or discriminatory materials

Limit unsolicited emails, phone calls or visits to a resident’s unit

Every condo owner and occupant must comply with the Condominium Act and the condo corporation’s declaration, by-laws and rules.

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.

Section 119(1) of the Condo Act requires all condo unit owners, occupants and condo corporations to comply with the Act and the condo corporation’s governing documents.

Section 119(1)

Section 17(3) of the Condo Act requires condo corporations to ensure that everyone complies with the Condo Act and the condominium corporation’s governing documents.

Section 17(3)

Section 117 of the Condo Act prohibits anyone from:

  • doing anything that is likely to damage the property or assets or cause injury or illness to another individual
  • causing a nuisance, annoyance or disruption.

    • Section 117

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.

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