135 (1) An owner, a corporation, a declarant or a mortgagee of a unit may make an application to the Superior Court of Justice for an order under this section. 1998, c. 19, s. 135 (1); 2000, c. 26, Sched. B, s. 7 (7). Grounds for order (2) On an application, if the court determines that the conduct of an owner, a corporation, a declarant or a mortgagee of a unit is or threatens to be oppressive or unfairly prejudicial to the applicant or unfairly disregards the interests of the applicant, it may make an order to rectify the matter. 1998, c. 19, s. 135 (2). Contents of order (3) On an application, the judge may make any order the judge deems proper including, (a)  an order prohibiting the conduct referred to in the application; and (b)  an order requiring the payment of compensation. 1998, c. 19, s. 135 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 7 (7) - 05/05/2001 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following sections: (See: 2015, c. 28, Sched. 1, s. 118) Order for permanent removal of person 135.1 (1) Despite subsections 134 (3) and 135 (3), the court shall not, under either of those subsections, make an order that requires a person to vacate a property permanently unless the court is satisfied that, (a)  the person is in contravention of subsection 117 (1) and poses a serious risk, (i)  to the health and safety of an individual, or (ii)  of damage to the property or the assets, if any, of the corporation; (b)  in respect of an order under subsection 134 (3), on the basis of the person’s acts of non-compliance, (i)  the person is unsuited for the communal occupation of the property or the communal use of the property, and (ii)  no other order will be adequate to enforce compliance; or (c)  in respect of an order under subsection 135 (3), on the basis of the person’s conduct, (i)  the person is unsuited for the communal occupation of the property or the communal use of the property, and (ii)  no other order will be adequate to prohibit the conduct. 2015, c. 28, Sched. 1, s. 118. Exception (2) A person is not entitled to apply for an order described in subsection (1) against a tenant of a unit if the person is a landlord, within the meaning of the Residential Tenancies Act, 2006, in respect of the unit. 2015, c. 28, Sched. 1, s. 118. Addition to common expenses (3) If a corporation obtains an award of damages, compensation or costs against an owner or occupier of a unit in an order made under subsection 134 (3) or 135 (3), the damages, compensation or costs, together with any additional actual costs to the corporation in obtaining the order, shall be added to the contribution to the common expenses payable for the unit. 2015, c. 28, Sched. 1, s. 118. Additional costs of owner (4) If an owner of a unit obtains an award of damages, compensation or costs against a corporation in an order made under subsection 134 (3) or 135 (3), the owner is entitled to recover from the corporation the amount of the award, together with any additional actual costs to the owner in obtaining the order. 2015, c. 28, Sched. 1, s. 118. Set-off against common expenses (5) If the corporation does not pay the amount an owner is entitled to under subsection (4) within the prescribed time, the owner may set off the amount against the contribution to the common expenses payable for the owner’s unit. 2015, c. 28, Sched. 1, s. 118. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 118 - not in force No termination of tenancy 135.2 (1) Nothing in this Act permits the termination of a tenancy governed by subsection 37 (1) of the Residential Tenancies Act, 2006. 2015, c. 28, Sched. 1, s. 118. Same (2) An order described in subsection 135.1 (1) is not an order for the termination of a tenancy described in subsection (1). 2015, c. 28, Sched. 1, s. 118. Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 118 - not in force