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August 22, 2019 Jonathan H. Fine

Obtaining an ex parte restraining order in a compliance application

Assume that a resident of the condominium corporation has acted in a dangerous manner to the extent that people are fearful as a result.  The condominium corporation has instructed its lawyers to bring a compliance application in court, but there is concern that in the interim between the time that this person is served with the court papers, and the court hearing, this person might retaliate.  Is there anything that the condominium corporation can do to protect the other residents?

The answer is yes.  Instruct your lawyers to bring a motion for an ex parte restraining order to give protection in the interim. 

For example, in a recent case, where the son of an owner had committed a violent act, breaking down another unit owner’s door to gain entry, we obtained an ex parte order which:

  • prohibited the perpetrator from entering upon the common elements
  • prohibited from residing in the condominium corporation
  • ordered that the perpetrator forthwith and permanently vacate his parents unit
Jonathan H. Fine

Jonathan H. Fine Partner

B.Sc., J.D., F.C.C.I.

jfine@finedeo.com
905.760.1800 x226
905.760.0050

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