This case challenged the ability of a condominium to restrict occupancy to people aged 16 and older. 

LEAF supported Lana Salmon’s challenge of the condominium’s restriction. 

Facts 

The Metropolitan Toronto Condominiums Corporation had a restriction under the Condominium Act so that only individuals aged 16 or older could live in the building. George Ramdial agreed to sell Lana Salmon his unit. Ms. Salmon wanted to live in the unit with her 13-year-old son, but the Corporation then made efforts to prevent her from doing so. Ms. Salmon ultimately did not buy the unit.  

The Board of Inquiry found that Ms. Salmon had been denied equal treatment with respect to the occupancy of the unit based on age and family status. It awarded her damages as a result. The Corporation appealed to the Ontario Divisional Court. 

Outcome 

The Ontario Divisional Court held that Ms. Salmon had been denied equal treatment based on family status, but reduced the amount of damages awarded to her and her son.  

LEAF is grateful to Charlie Campbell, counsel in this case.  

Read the Ontario Divisional Court’s decision here.

Our records are imperfect, but we are doing our best to update them – if you were involved with LEAF on this case but your name is not reflected here, please email us at [email protected].