CONDOCENTRIC: A Well Papered File

It is not unusual for the termination of a superintendent to give rise to a dispute; particularly when a superintendent’s suite is involved. We were recently involved in such a dispute when the superintendent couple challenged both termination of both employment and tenancy. To complicate matters further, the superintendent couple were expecting a baby and were claiming that this was the “real” reason for termination.

As a result, the matter proceeded first to the Employment Standards Tribunal and then to the Ontario Rental Housing Tribunal. A Human Rights complaint was also threatened. The condominium corporation succeeded in all forums, and legal costs incurred were, relatively speaking, nominal.

Of particular note in this case, were the excellent records kept by the Board and property management. Every aspect and step of the condominium corporation’s relationship with the superintendents was well documented both by letters and internal memos. Where there were deficiencies in performance, these were listed and reviewed with the superintendent and the superintendents had signed off to this effect. From the documentation alone one could get a clear, comprehensive and chronological sequence of events, which was invaluable when it came time to put evidence before the two tribunals.

Not only did the comprehensive documentation summarily rebut the claims made by the superintendents, but it materially cut down on the costs incurred by the condominium corporation in that we were able to spend less time in reconstructing events and tracking down needful pieces of information.

We cannot stress enough how important it is to document everything. While it may seem somewhat onerous to take the time to do so, particularly when one is busy trying to balance a thousand and one different things, it will reflect positively on property management when the condominium corporation effectively establishes its case.

In this case, the efforts of the Board and property management were applauded by the owners when this matter was subsequently discussed at an owner’s meeting.

From “Common Elements” Fall 2003

All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.

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