A recent case involving the right of a condominium to charge legal fees to an owner for alleged non-compliance with a rule has the industry talking. The decision has divided the legal community, resulting in many interesting legal debates and a whole lot of uncertainty for condominiums going forward.    Read the article…………………………….

Amlani v. York Condominium Corporation No. 47, a recent case of the Superior Court of Justice, has created buzz within the Ontario condo community.  The case revolves around the conduct of a condo corporation in addressing smoke migration, the Corporation’s ability to charge back its legal costs in dealing with the owner, and “grandfathering” or […]

With condo insurance premiums on the rise – in some jurisdictions, premiums have reportedly increased by 780% — and coverage scarce, legal counsel and Canadian Underwriter readers have a few ideas for the Insurance Bureau of Canada’s forthcoming risk manager for condo corporations.    Read the article……………………………..

It is safe to say that condo insurance is becoming a sore spot for condo corporations not only in Ontario but across Canada. Condo corporations have seen soaring premiums and deductibles. In some jurisdictions, it has been reported that premiums have risen 780%.  The reason for the increase seems to be multi-faceted including, but not […]

A recent Toronto decision (Amlani v. YCC 473) has made it far more difficult for condo corporations to get indemnified when seeking compliance from owners. The decision is also a friendly reminder for condo corporations to act reasonably and to prefer resolution over litigation.   Read the article………………………..

A condo corporation is on the hook for almost $47,000 due to its failure to comply with a CAT order.  In the underlying CAT decision, the unit owner requested 10 core records of the Corporation, including the owners list which the unit owner wished to review in advance of an upcoming AGM.   Read the article…………………………..

Recently our office has been working on condominium amalgamations as well as proposals for amalgamations for various clients in southwestern Ontario. We have previously blogged about the considerations for amalgamation [https://ontcondolaw.com/2017/09/21/is-it-time-to-amalgamate/#more-8070] and the process [https://ontcondolaw.com/2016/06/27/considering-amalgamation/#more-1947].  Read the article…………………………

The new calendar year brings lots of excitement, opportunities, and a sense of renewal for condominiums. At this juncture, we provide a few safeguards and due diligence practices for Boards and condo managers to consider. While this list is nowhere near exhaustive, we have highlighted a few issues to consider:   Read the article………………………..

In Interville Development Limited Partnership v The Owners, Strata Plan BCS2313, 2019 BCSC 112, the case involves a dispute between a strata corporation known as “Firenze” within the “International Village” development, and Interville, its owner developer and remainder owner. Prior to depositing the strata plan which created Firenze, Interville had entered into easements amongst the […]

On November 26, 2019, the Alberta Government released the long-awaited, newly-revised amendments to the Condominium Property Regulation, and proclaimed that certain sections of the Condominium Property Amendment Act, SA 2014, c. C-10 will also come into force on January 1, 2020. The majority of the revisions in this phase of the amendments addresses governance issues, […]

On November 26, 2019, the Alberta Government released the long-awaited, newly-revised amendments to the Condominium Property Regulation, and proclaimed that certain sections of the Condominium Property Amendment Act, SA 2014, c. C-10 will also come into force on January 1, 2020. The majority of the revisions in this phase of the amendments addresses governance issues, […]

The time has finally come! Information has now been received about a proposal to expand the scope of disputes that the Condominium Authority Tribunal (CAT) will deal with.  The Ministry of Government and Consumer Services is now seeking input on regulatory proposals under the Condominium Act, 1998 (Condo Act).    Read the article………………………….

Q:  If our condo board determines that an owner selling a unit has changed their common elements, but without an agreement required by Section 98 of the Condominium Act, what is the proper procedure?   Read the article……………………..

What happens when a condo also happens to be a for-profit, corporate-controlled Retirement Home, but not all owners contribute equally to the mandatory assisted-living expenses? Well, in a recent Superior Court decision, the Court declared that it was unfairly prejudicial to have some owners contributing to these expenses in higher proportions than others. The practical […]

The Government of Ontario recently introduced the Rebuilding Consumer Confidence Act, 2019 to strengthen consumer protection and promote trust and confidence for the people of Ontario. This proposed legislation will amend various statutes in respect of consumer protection. Some of the provisions in the proposed legislation are directed at protecting condominium buyers and owners. In […]

Buyers of pre-construction condosought to understand that there are a number of uncertainties that go with these purchases. As these units are often marketed to purchasers before construction has begun, the unit may not be as visualized by the purchaser.     Read the article (PDF)………………………….

As 2020 approaches I find myself reflecting on the most important news, cases, and events from this past year. There were several notable decisions released this year and a few that I’m sure we would all like to forget! The hardest part of these lists is selecting only ten to speak about. Here is my […]

Unless you are new to condo living, you likely know that the Condominium Act, 1998 was amended in 2017. At the time, many believed that the rest of the amendments would be phased in over the following 18 to 24 months. It has been two years and very few of the remaining amendments have come […]

In a prior blog post we reviewed a decision of the Ontario Superior Court of Justice that considered whether police were entitled to install video cameras in condominium common elements in order to obtain evidence about suspect residents engaged in criminal activities.    Read the article……………………..

In the past few years, we have all seen the growing shortage of condominium property managers. And as mentioned at the October 5th session of the annual Condominium Conference, many believe we are already at the crisis stage. But how did this shortage arise? Will it get better or worse?    Read the article…………………………

The Ontario Court of Appeal issued an important decision giving condo boards some clarity on the level of cooperation with police that is expected from them. It also traces clear limits on investigatory powers police have in common elements. Ultimately, the Court of Appeal helps us understand whether police can conduct investigations on common elements, […]

As the fall season winds down and we battle our second major snowstorm, a long winter seems probable. Condominiums should ensure they are well prepared for the challenges an intense winter can present.   Read the article…………………

In a recent decision, a judge ruled that a provision in a condo declaration which imposed on the corporation an obligation to lease back parking spots in perpetuity is unenforceable, against public policy and against the Planning Act. The condo corporation was permitted to terminate the lease.    Read the article…………………………….

The province of Ontario is considering potential changes to the Occupiers’ Liability Act, which (if adopted) would bring drastic changes to how claims for slip and falls can be brought against condominium corporations.   Read the article…………………….

A recent case (Jack Gale v. HCC No. 61, 2019 ONCAT 46) before the Condominium Authority Tribunal (the “Tribunal”) considered whether a condominium unit owner was entitled to receive copies of the condominium corporation’s legal bills that reference the owner’s unit. The unit owner, had a contentious relationship with the corporation and had made 42 […]

Our office has been busy these past few months either attending or chairing Annual General Meetings or Special Owners Meetings. What is different this year is that many of these condominium corporations introduced electronic voting to their communities to do their elections and by-law votes and were successful in getting their bylaws confirmed and quorum […]

Your condo just held its Annual General Meeting (AGM). New directors were elected (maybe even more daunting, you were elected). Now what? There’s lots of work ahead, certainly! But where do you start. Allow us to list the first 10 things you should consider doing following the AGM:    Read the article………………………..

A blockbuster decision was released today by the Local Planning Appeal Tribunal (the “Tribunal”) with respect to short term rentals.  What does this mean: in Toronto, short term rentals (any rental less than 28 consecutive days) are only permitted in a person’s principal residence.    Read the article……………………….

A condo unit owner in British Columbia filed a complaint (Rutherford v. Strata Plan VS 170, 2019 BCHRT 227) with the Human Rights Tribunal (the “Tribunal”) alleging that her strata corporation discriminated against her on the basis of her disability when it refused to allow her to rent the second bedroom of her unit on […]

The decision of CCC 476 v Wong, 2019 ONSC 4207 released this past summer has provided some clarity around an issue that most people may not have realized was even an issue… counting to 10. Stay with me here.    Read the article………………………..

A recent CAT decision serves as a good reminder to condominiums of the consequences for refusing to participate in the process.  The owner requested various records from the condominium twice. The condominium had its lawyer respond indicating that it had no obligation to respond because the owner had not used the mandatory form.    Read the […]

BCS 1589 v. Nacht was an appeal from an earlier CRT decision: BCS 1589 v. Nacht 2017 BCCRT 88. The facts are straightforward and very common: a failed toilet supply line in the owners’ strata lot caused approximately $87,000 in damage to some strata lots and the common property.     Read the article…………………………..

Under the Civil Resolution Tribunal Act, both the BC Supreme Court and the Civil Resolution Tribunal (CRT) have overlapping jurisdiction over strata claims. Both bodies also have the power to dismiss or stay claims brought before them on the basis that the other venue should hear the case.  The CRT has also rendered decisions such […]

Effective January 1, 2020, the Government of Ontario has raised the monetary threshold for Small Claims Court from $25,000 to $35,000. This means that, as of that date, monetary claims of up to $35,000 will have to be brought to Small Claims Court. Anything above that amount will continue to be adjudicated by the Superior […]

This appeal of a Superior Court decision hinges on what counts as a “material change” to a pre-construction condominium. Ms. Lin agreed to purchase a detached condominium unit from Brookfield Homes for about $1.6 million with a closing date in December 2017.    Read the article……………………..

A recent case discusses an interesting (and becoming more common) situation where a building is registered as a condominium, but also operated as a retirement home under the Retirement Homes Act, 2010. An action was commenced by certain unit owners against the condominium and various corporations involved in the operation of the retirement home.   Read […]

The importance of precedence is not understated in Canadian law. When there is disagreement regarding the interpretation of statute, parties turn their heads to case law to see how courts have determined the issue.  There have been three recent cases decided by the courts that may, respectfully, cause more confusion than they solve.   Read the […]

At long last, there’s a glimmer of hope that the terrible new Condo Act forms introduced in 2017 may soon be improved.  On September 20, 2019, the Ministry of Government and Consumer Services announced a proposal to entrust the fledgling Condominium Authority of Ontario with administering (and revising) certain Condo Act forms.   Read the article………………

With the 2019 federal election now underway, some strata corporations may have questions regarding how they are can or should respond to campaign signage or canvassers.     Read the article………………………..

The Condominium Act, 1998 provides that an owner is entitled to notice when a condominium corporation takes action to perfect and enforce a lien, however, the recent decision in Mei Ki Ching v Carleton Condominium Corporation No. 203 demonstrates that a spouse that is not a registered owner of a unit may be entitled to […]

There is a new proposal to have the CAO assume responsibility for 19 forms under the Condominium Act, 1998 and its regulations. The idea is that the proposed changes would “support the condominium community in being able to more easily access and use certain forms under the Condominium Act, 1998.” The proposal is for 17 […]