It’s a fine line between safety and living conditions, especially when it comes to wearing a mask within the common areas of your condominium complex.
Vily Mitrovic and Zoran Zupanc live in the Admirals Walk complex in Burlington and refuse to wear a mask due to health reasons. citing unspecified medical conditions. In order to access their unit they have to walk through the common areas and hallways.
The regulations from the Ontario government exempt those with medical conditions from wearing a mask. In addition, the Admirals Walk condo corporation adopted a similar policy that also exempted those with medical conditions from wearing a mask inside the building.
According to the Star, “the condominium corporation brought the couple to court, arguing that their behaviour constituted a “dangerous activity” under the Condominium Act. It sought an order requiring them to comply with the law, the city bylaw, and the building’s rules.”
In March, the condo corp took Mitrovic and Zupanc to the Superior Court. Mitrovic and Zupanc stated they experience distress if mandated to wear a mask. Justice Michael Gibson said they “must conduct themselves in accordance with the rules of the community and with due respect for their neighbours and fellow residents.”
Justice Gibson wrote in his decision that, “however selfish, misguided or misplaced these may be,” he said that not wearing a mask may have potentially serious or deadly consequences for one’s neighbours in the condo.
The filing noted, “The Respondents may only circulate on any interior common elements without a mask or face covering for the purpose of ingress and egress, by the most direct route from their unit to the main entrance of the building or to their parking spot at levels P1 and P2.”