2004 (Ontario)
- Law Society of Ontario
- Ontario Bar Association
- Canadian Bar Association
- The Advocates’ Society
- Canadian Italian Business and Professional Association
Harassment is a growing concern for condo corporations, says Toronto condominium lawyer Patrick Greco.
“It’s a huge issue. Cases are coming across my desk on an almost daily basis,” Greco, partner with Shibley Righton LLP, tells AdvocateDaily.com.
While property managers bear the brunt of verbal, emotional, and more rarely, physical abuse from residents, he says security guards, board members, and unit owners have also found themselves the target of various levels of harassment.
“There are examples on a very wide continuum,” Greco says. “But we have found that the courts have a fairly short temper with this sort of behaviour, and are not giving much quarter to the harassers.”
For example, in one recent case, an Ontario Superior Court judge found a resident’s “physical misconduct” and “campaign of aggression” against an Ottawa condo’s staff, directors and unit owners constituted workplace harassment under the Occupational Health and Safety Act (OHSA).
The judge imposed an injunction on the resident, prohibiting him from communicating with almost anyone associated with the condo, except in an emergency or via a lawyer acting for the corporation.
The judge in the case also cited another decision, in which Greco successfully obtained an order on behalf of a Toronto condo corporation, that a unit owner who had been verbally abusive of staff cease and desist from uncivil or illegal conduct in violation of the Condominium Act.
In order to boost their case should legal action become necessary, Greco says condo staff or directors should meticulously document concerning incidents and set clear boundaries for residents whose behaviour risks crossing a line into harassment, such as limiting them to in-writing complaints only.
“Courts have taken the view that complaining is not harassment. People have a right to be disgruntled, within reason,” Greco explains. “What judges don’t want to see is that complainants have just been told to shut up entirely.”
In addition, he says condo corporations should turn their minds towards enacting anti-harassment policies and fully investigate any incidents of alleged harassment that are brought to their attention by staff.
“Most boards are very good and protective of their site staff, but if they fail to investigate or deal with any concerns raised by employees, they could find themselves in trouble under the OHSA for tacitly allowing harassment, especially if there are any further incidents,” Greco says.
When the news was first released that recreational cannabis would be made legal in Canada, subject to provincial regulation, it was understandably met with joy, fear, and every emotion in between. For some, this was viewed aslong overdue – the legal recognition of something that many people did anyway and that even most police had stopped enforcing against. For others, it was viewed as a matter of grave concern: would "reefer madness" run rampant in the streets?
This is an excerpt from an article that appeared in the GOLDEN HORSESHOE CHAPTER OF THE CANADIAN CONDOMINIUM INSTITUTE
Toronto condominium lawyer Patrick Greco likes to feel involved in his clients’ communities.
Greco, a partner with Shibley Righton LLP, tells AdvocateDaily.com that condo law by its nature is a “very human area” of practice.
“I really like that aspect of it — getting to interact with owners, board members, and property managers,” he says. “I like to think of myself as a partner in their communities — someone who knows the owners and the board, and is just a call away when any of them needs help.
“I’m part of their team,” adds Greco, who tries to take a friendly and humorous approach to all of his dealings with clients.
“There’s already enough stress in the condo world, and if you can’t laugh, then you’d cry,” he says.
And Greco gets plenty of opportunities to develop those relationships since many of his evenings are spent attending or chairing meetings of unit owners or condo corporation boards, while his days are frequently filled with providing quick-turnaround answers to queries and concerns coming in from clients.
When he was a law student, Greco might not have recognized his current practice. He graduated around the same time as Ontario’s Condominium Act came into force, revolutionizing the regulation of condos in the province.
“It wasn’t something I had heard much about,” he explains.
A keen debater who loves the mental puzzles provided by legal problems, Greco initially thought he would be an international corporate lawyer, but found his skills were better suited to commercial and construction litigation.
After finding his work frequently brought him into contact with the firm’s burgeoning condo law group, he eventually joined them.
“Much of my work dovetailed nicely with the issues that condos face,” Greco explains.
His practice still involves a certain amount of construction law, and he has significant experience in construction lien, real estate, and professional negligence disputes.
Greco has also handled numerous matters before the Superior Court of Justice and Court of Appeal, as well as assisted in the preparation of submissions to the Supreme Court of Canada.
Still, his condo law practice does provide him with the occasional litigation.
“From time to time, matters will need to be addressed in court or at tribunals,” says Greco, who was a competitive athlete both at the high school and university level.
“I do enjoy that element of going to court,” he says. “You practise, you rehearse, and then it’s game time when you have to show up and perform. I still relish getting up there and arguing a case for a client.
“It’s a real adrenalin rush, and there’s nothing else quite like it in law,” Greco adds.
Notable matters
- Henry v. 1213962 Ontario Ltd., [2005] O.J. No. 2132 (successful in resisting in part a motion for leave to amend statement of claim against the defendants and to add two new defendants)
- Federated Contractors Inc. v. Ontario Realty Corp., [2007] O.J. No. 463 (trial on the legal effect of certificates for payment of monthly progress payments issued by an architect or engineer pursuant to a contract of construction involving an owner, a general contractor and numerous sub-trades)
- Tupperware Canada Inc. v. 1196815 Ontario Ltd., [2008] O.J. No. 532 (motion for summary judgment for trade debt and balance owing under a promissory note in franchise context)
- Gordon Ridgely Architects and Associates Inc. v. Glowinsky, [2009] O.J. No. 677 (successfully resisted motion for an order pursuant to subsection 47(1) of the Construction Lien Act declaring that the plaintiff’s claim for lien has expired and vacating the registrations of the plaintiff’s claim for lien and certificate of action)
- Applewood Glass & Mirror Inc. v. Baun Construction Inc., [2009] O.J. No. 4845 (successfully defended claim for the balance allegedly due and owing on the contract for the supply of labour and materials together with a claim for construction lien in the same amount)
Thought leadership
- Too Closed for Comfort?, MTCondoLaw – Ontario, January 2016
- Undercover on the Common Elements – What To Do When the Police Come Knocking…or Not, MTCondoLaw – Ontario, October 2015
- “KITEC” – What's coming down the pipe?, MTCondoLaw – Ontario, June 2015
- Gold Medal Advice for Defeating Pan Am Games Short-Term Rentals, MTCondoLaw – Ontario, May 2015
- The Five People You (May) Meet in AGM Hell, MTCondoLaw – Ontario, February 2015
- The Smoker Next Door: Responding to Smoke Complaints, MTCondoLaw – Ontario, June 2014
- Preparing Status Certificates: A Balancing Act, MTCondoLaw – Ontario, February 2014
- Requests for Records: Fishing Expeditions not Permitted, MTCondoLaw – Ontario, October 2013
- Waiver of Subrogation Clauses in Unit Owner Insurance Policies, Let's Talk Condo – Ontario, Spring 2013
- Case Comment: Toronto Common Element Condominium Corporation No. 1508 v. William Stasyna et al, Let's Talk Condo – Ontario, Summer 2012
Corporate directorships
- Director, Camp Ekon
Patrick Greco is a partner in the Condominium Law practice group at Shibley Righton LLP, where he enjoys the full perspective gained from providing both solicitor and litigation services to condominium clients.
As a solicitor, Patrick helps Boards and Property Managers navigate the day-to-day issues they face. He is a firm believer that good written and oral communication, empathy, and a pinch of humour and creativity can help condominium corporations handle even their most difficult problems. Patrick views chairing a challenging owners’ meeting as an opportunity to resolve concerns and build community. Originally a litigator by training, Patrick has represented clients on numerous matters before the Ontario Court of Justice, Superior Court of Justice and Court of Appeal of Ontario. With a significant background in commercial and construction litigation, he often appears before the Licence Appeal Tribunal on Ontario New Homes Warranty Plan Act (Tarion) matters.
Patrick is frequently invited to speak at events such as the annual ACMO/CCI-T Condo Conference, CCI director events, ACMO manager luncheons and CCI – Your Condo Connection videos on topics including privacy and urveillance, the Tarion claims process, and aging in condominiums. He has made submissions to the provincial government on Bill 106 and to the independent review of the Tarion program.
Patrick also loves teaching and has been an instructor at the CCI Level 200 program, ACMO training course at Humber College, management company training and continuing education programs, and the Association of Architectural Technologists of Ontario training course. He has also written for various condominium publications on issues such as Kitec plumbing in condos.
In addition to the CCI-T Education Committee, Patrick sits on the CCI Toronto Education Committee, the CCI Golden Horseshoe Professional Partners Committee and the CCI Golden Horseshoe Conference Committee.
T: 416.214.5220
F: 416.214.5420
E: pgreco@shibleyrighton.com
- LL.B., Osgoode Hall Law School, York University, 2003
- B.A.Sc., McMaster University, 2000
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