A condominium owner who called building management staff offensive and degrading names has been ordered by a judge to cease and desist from harassing them. The decision shows that the Ontario Occupational Health and Safety Act’s harassment provisions can require an employer to take steps to end harassment by third-parties.
The condo owner frequently and persistently emailed staff. She also called them degrading names such as “obscenely obese”, “massive hulk” and “tubbo”. She suggested that she was deeply concerned about the management of the building.
The condominium corporation sought a cease-and-desist order from the court. The judge noted that the owner’s “verbal barrage has made work life intolerable” for the staff. The judge described her communications as “antisocial, degrading and harassing”. Her conduct was workplace harassment under the OHSA. It was clearly unwelcome, and the employer had a legal duty under the OHSA to investigate it.
The judge ordered the condo owner to “cease and desist from uncivil or illegal conduct that violates the Condominium Act or the Rules” of the condo corporation. The judge also ordered her to pay the condo corporation $15,000 for its legal costs in the court proceeding.
York Condominium Corp No 163 v Robinson, 2017 ONSC 2419 (CanLII)
