“Unacceptable misbehaviour” of occupant due to “serious long-standing substance abuse illness,” in judge’s words, led condo corporation to try to evict man.

Condo trouble: community living can present challenges which seldom arise in the context of single-family homes, writes Bob Aaron.

For most owners and residents, the condominium community lifestyle offers numerous advantages over freehold homes built at ground level. Occasionally, however, community living can present challenges which seldom arise in the context of single-family homes. Last year, one such situation gave rise to two court hearings in which the court disapproved of the actions of the owner and the corporation. “Truth being stranger than fiction,” Justice Paul Perell wrote, “this is a three-ring clown circus.”

Giovanni Paterno owns a unit in a 598-suite building at Dufferin and Lawrence in Toronto. The development is Toronto Standard Condominium Corporation 2581 (TSCC 2581). In 2021, Paterno began to exhibit what the judge called “unacceptable misbehaviour” due to a “serious long-standing substance abuse illness.”

His actions were reported as “inappropriate, inebriated, disorderly, aggressive, rude, profane or threatening.”

On one occasion, he shouted at the concierge, shattered the front desk Plexiglas shield, and threw the desk phone at the security computer, shattering it. He was charged criminally with assault and destruction of property.

The condominium corporation took Paterno to court last July. Justice Perell made a compliance order requiring him to behave himself, not disturb residents in the building, stay away from management employees, and pay $35,000 in costs.

The order seemed to have had little effect, and last November the parties again appeared before Justice Perell.

“Truth being stranger than fiction …” the judge wrote, “this is a three-ring clown circus of an application by TSCC 2581 to evict Giovanni Paterno and force him to sell his … unit.”

“In the first circus ring,” Paterno’s response was to continue to post Tik Tok videos about his dealings with the building’s board. There were heated discussions with the security staff about the court proceedings and the video postings.

In what the judge called the second circus ring, Paterno’s lawyer was attempting to negotiate a settlement with the building’s lawyer in which Paterno could move out and rent his unit.

In the third circus ring, while the parties were making arrangements for the judge to preside as “ringmaster,” TSCC went back to court to force Paterno to sell his unit. The evidence of the commander of the riot control security force hired by the building for $15,000 was that Paterno was a “potential homicidal threat.”

In a 6,200-word decision, the judge wrote that while Paterno’s response to building staff was deplorable, he was remorseful. His conduct was not a breach the Condominium Act or the earlier compliance order.

The judge refused to order Peterno to sell the unit, he was ordered to vacate the property and not attend at the building. He cannot reside in the unit without the consent of TSCC 2581, and he cannot return to occupy the unit earlier than December, 2025. Until then, the unit can be rented and all communications with TSCC 2581 must be through Paterno’s lawyer.

Hopefully, Justice Perell can now return to his day job and retire from being the ringmaster of this condominium circus.

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Case 1: Toronto Standard Condominium Corp. No. 2581 v. Paterno, 2023 ONSC 4343 (CanLII), <https://canlii.ca/t/jzg7t>,

Case 2: Toronto Standard Condominium Corp. No. 2581 v. Paterno, 2023 ONSC 7002 (CanLII), <https://canlii.ca/t/k1rk3>