Sunset Lakes Owners Association v. Gingras et al
SUNSET LAKES OWNERS ASSOCIATION
Law Firm / Organization
Caza Saikaley LLP
Lawyer(s)

Albert Brunet

TODD GINGRAS
Law Firm / Organization
Zeppieri & Associates
ERIKA GINGRAS
Law Firm / Organization
Zeppieri & Associates

Overview:

  • Sunset Lakes Owners Association (SLOA), responsible for enforcing restrictive covenants in the Sunset Lakes community, sought removal of structures built by the respondents (Todd and Erika Gingras) without approval.
  • The respondents constructed a 7-foot cedar fence and relocated a shed on their property, partially encroaching on SLOA-owned land and a 3-meter-wide easement for pedestrian use.
  • SLOA argued these actions violated restrictive covenants and blocked access to common areas.
  • The respondents claimed verbal approval from SLOA’s former president and challenged the enforceability of the covenants.

Key Issues & Court Findings:

  1. Did SLOA’s former president approve the construction?

    • The court found no evidence of approval.
    • Restrictive covenants require written approval, which the respondents failed to obtain.
  2. Did the fence and shed unlawfully encroach on the easement?

    • The easement grants SLOA rights to use the land for trails and maintenance.
    • The fence and shed substantially interfered with these rights by blocking access.
  3. Did the respondents breach restrictive covenants?

    • The covenants were valid and enforceable, ensuring the open-concept nature of the community.
    • The court rejected claims that privacy concerns justified the fence.

Outcome:

  • Respondents ordered to remove the fence and shed at their own expense.
  • Costs awarded to SLOA in the amount of $24,000.
  • Parties may submit proposals regarding a removal deadline due to winter conditions.
Superior Court of Justice - Ontario
CV-23-0092130
Real estate
$ 24,000
Applicant