The B.C. Supreme Court has upheld a rare ruling ordering a condo owner to sell her property following years of complaints from neighbours.
Rose Jordison and her son Jordy have 30 days to sell their Surrey condo, after a judge ruled that a forced sale was the only option left.
Problems started in 2006, almost immediately after the Jordisons moved in to the quiet complex in the 15,000-block of Guildford Drive, neighbours say.
In the ensuing years, the strata fined them more than $20,000 over complaints that included excessive noise and verbal abuse. Some residents said Jordy Jordison had thrown water on them.
When their letters and fines were ignored, the strata eventually turned to the courts. Last year, a judge ordered the Jordisons to abide by the strata laws and to sell their home.
When the Jordisons appealed the ruling, the order to sell was set aside, but the order to behave was upheld.
Following further problems, the strata went back to court last month to ask a judge to force the Jordisons to abide by the injunction.
The judge ruled again that mother and son be forced to sell.
“This is the first time in B.C. law that an owner has been told they must leave their own home,” says Phil Dougan, lawyer for the strata council.
Rose Jordison and her son were unavailable for comment.
But court documents show she filed a complaint with the Human Rights Tribunal, claiming the strata was discriminating against them because Jordy has autism. She later was unable to provide documentation for his disorder.
An association representing strata owners says the situation should serve as a warning.
“There are consequences for your behavior,” says Tony Gioventu of the Condominium Home Owners Association of B.C.
“If you have loud parties every Saturday night, it’s not sufficient just to say ‘Well, I’ll pay the fine if the fine comes up’.”
The Jordisons face arrest for contempt if they fail to move out within 30 days.
With files from the CBC’s Stephanie Mercier