The condominium corporation sought a compliance order under the Condominium Act against Heather Davies.
The dispute involved Davies installing a video camera in her mailbox to catch individuals defacing her election posters and her abusive communication regarding prolonged hot water issues.
Video Camera:
Davies installed the camera after her election posters were repeatedly defaced.
The court found this a misuse of the mailbox, a common element, breaching section 117(1) of the Act.
Posting the footage on YouTube further violated residents’ privacy.
Actions by other residents, like defacing posters, were also deemed wrong, violating section 117(2)(a).
Hot Water Issue:
Davies’ unit had prolonged hot water issues from May to December 2022.
Frustrated by inaction, Davies sent abusive messages through the building’s maintenance portal.
The court noted the condominium corporation's delay contributed to Davies’ frustration.
Court’s Orders:
Successful party: Both parties were at fault: Davies for unauthorized surveillance and abusive language, and the corporation for election interference and delay in fixing the hot water problem.
Compliance orders were issued to restrain Davies from filming residents and sending abusive communications.
No costs were awarded, acknowledging shared responsibility and provocation in the incidents.
