According to the Centre for Addiction and Mental Health (CAMH), by the time Canadians reach the age of 40, one in two will have, or have had, a mental illness. Moreover, in any given year, CAMH reports that one in five Canadians will experience a mental illness or an addiction problem. With condominium living on […]

f you live in or work for condominiums you’ve heard of the three p’s: people, pets and parking. These are three of the most common sources of problems in condominiums. (It really boils down to one problem – people – but let’s leave that aside for now.)  Lately, it seems like condominiums are encountering problems […]

It is not uncommon for owners to associate and identify their condominium with the marketing/project name the developer provided for the condominium project. Knowledge and use of the condo corporation’s legal name (for example, Toronto Standard Condominium Corporation No.1234) is often not used by owners. The author of this post sheepishly admits that he only […]

The prime minister has asked the Governor General to dissolve parliament, setting the stage for Canada next general election. Blue, green, orange and red electoral signs (we’ve listed them alphabetically) will soon be popping everywhere and candidates will start canvassing. In fact, two local candidates have already knocked on my door, soliciting my support.    Read […]

At a recent annual general meeting, the owners were advised that their reserve fund was not properly funded over the years and repairs needed to be done to the roofs and parking garage in the very near future. There was discussion around special assessments and how owners would be paying those amounts. There was also […]

A couple of weeks ago we launched our most ambitious survey, aimed at getting an accurate picture of condo fees in Ontario.  Read the article…………………………

ONCAT: Condo unit owners lose standing to request records under Condo Act s.55 when they sell their unit. This owner applied to ONCAT for a production order but sold unit before case was decided. Being appointed the new owners’ agent did not solve issue.   Read the article……………………………..

MTCC No. 590 is a 20-storey condominium in downtown Toronto. The units on the top 4 floors have wood-burning fireplaces, and each fireplace has a chimney flue that eventually vents onto the roof. From 2013 to 2017 the Corporation obtained several engineering reports advising that the fireplaces were no longer safe to use. The fireplaces […]

It is easy to forget that condominium corporations don’t simply run themselves. They are run by people. Volunteers with other family, social and professional obligations that keep them busy. So what happens when the board loses some of its members? What if it loses quorum?   Read the article………………

In a recent case, Y.C.C. No. 187 v. Sandhu, the Ontario Superior Court of Justice granted a judgment in favour of the condominium corporation, giving it possession of an owner’s unit and enabling it to sell the unit.  This drastic consequence ensued as a result of the actions of the owner’s tenant. The tenant had […]

Condo corporations are not-for-profit organizations. Technically, they are not supposed to make a profit. Having said that, they are not charitable organizations either. When faced with a deficit, condo corporations must collect more from owners to get ends to meet. But what are they to do with a surplus? This is what this post will […]

Some interesting issues have cropped up recently around “Candidate Disclosure” requirements for candidates running for positions on condominium boards of directors.      Read the article………………………

A recent case provides a warning to owners leasing their units. Briefly, the facts are as follows. A unit owner leased her unit to a tenant. The tenant “did not live harmoniously with his neighbours” and was in constant conflict with management. He sued the condominium for over $5,000,000.    Read the article……………………..

On April 11, 2019, I wrote about some of the Condo Authority Tribunal (CAT) decisions so far. Some of the highlights include the dismissal of claims that were vexatious, the adoption of the “open book” principle enumerated in previous case law, and confirmation that owners may access the list of owners. You can read the […]

There’s an old adage that “a man’s home is his castle.” However, when that castle is a condominium unit, owners need to realize that they are not the exclusive ruler of their castle and that they do not have the same freedoms and level of control as the owner of a freehold property. Compromises by […]

Ms. Brasseur has owned a unit in YCC No. 50 since 1978. In 2009, after the exterior windows of the condominium were replaced, Ms. Brasseur noticed condensation problems which led to mould. Ms. Brasseur alleges that the corporation has breached its duty to maintain and repair the common elements, and that its actions were oppressive. […]

Many condominiums have private sessions during board meetings where they discuss more sensitive issues involving unit owners, employees, or litigation. These are often referred to as “in-camera” sessions. Owners, apart from the directors and officers, would not be eligible to attend these portions of the meetings. Are owners entitled to access the minutes from in-camera […]

What does a condo corporation do when an owner continues to make a multitude of requests for documentation that are not “records” of the condo corporation.  In a recent decision by the Condominium Authority Tribunal (“CAT”), an owner, who was a former board member, continued to make requests for documentation including:   Read the article………………………

Despite the province’s vaillant efforts, proxies continue to cause confusion and to foster distrust. One of the questions we’re often asked is whether it is proper to encourage owners to return their proxies to management? If not, who should the proxy be handed to?   Read the article………………………..

A condominium corporation recently brought an application to the an order amending its declaration. The application was brought under section 109 of the Condominium Act, 1998, which allows the court to amend the declaration for a condominium where it is “necessary or desirable to correct an error or inconsistency that appears in the declaration….or that arises […]

In a recent Ottawa case, the courts clarified how condo corporations are to calculate the minimum 10-day notice requirement prior to being able to register a lien on a defaulting unit. This post sheds some light on this tricky requirement.   Read the article………………………

Is your condominium planning to discharge water into a municipal sewer system?  If you find yourself nodding “yes” “maybe” or simply, “I don’t know” to this question, you should become familiar with Chapter 681 of the City of Toronto’s Municipal Code, more commonly known as, “the Sewers By-law”.     Read the article……………………….

As the old saying goes, “You catch more flies with honey than you do with vinegar.”  For my first Condo Adviser post, I wanted to review a recent decision that sets out two key statutory duties imposed on a condo corporation when faced with a potentially aggressive condo owner.    Read the article…………………..

On July 1, 2019, the Government of Alberta announced that the revised Regulations and amendments to the Condominium Property Act that were scheduled to come into force that day have been placed on hold until January 1, 2020. In a recent statement, Nate Glubish, Minister of Service of Alberta, stated that the delay was necessary […]

Condo owners should take notice of the recent decision of the Condominium Authority Tribunal (“CAT”), Tonu Orav v. York Condominium Corporation No. 344 (“Tonu”)  In Tonu, the owner requested various records from the condominium including both core and non-core records. The owner asserted that the condominium failed to sufficiently provide certain records and other records […]

The 2017 amendments to the Condominium Act, 1998 (the “Act”) created the Condominium Authority Tribunal (“CAT”), an online tribunal that helps settle and decide condominium-related disputes in Ontario. Since its inception CAT has exclusively handled record related disputes between owners and condo corporations. It is expected that CAT will handle other owner-condo related disputes sometime […]

When it comes to issuing fines in a BC strata corporation, not every fine is …well…fine. A Council’s ability to fine an owner or a tenant is governed by the community’s bylaws and the Strata Property Act. Even after a Council completes the bylaw enforcement steps required to issue a fine under section 135 of […]

There isn’t a day that goes by where elevators don’t come up in a conversation in our office. Elevator problems seem to be the focus of many owner complaints. Management and boards are finding this challenging since the condominium corporation is reliant on the elevator technicians, who have been reported to be in short supply […]

This is a motion for summary judgement in a long-running dispute between a developer and the City of Orillia. After Balmoral completed construction of stacked townhouses in 2011, Balmoral and the City got into a legal dispute regarding: 1) whether or not up to 7 residents could legally occupy each unit; 2) whether the project […]

Condominiums projects are becoming more complex and multi-faceted. It is not uncommon to have several large condominium buildings developed in close proximity that share amenity areas, parking garages, roadways and security gate houses. In these instances, there are many new and challenging legal issues that may arise.   Read the article……………………..

There have been several cases in the last year or two that have been stayed (halted) because one of the parties ignored an obligation to arbitrate a dispute. Another decision was released this week. Given the number of cases as of late, it seems that a review of the basic principles might be useful. The […]

In a recent decision, the court analyzed the circumstances under which a condo corporation must notify its owners of its intention to commence a lawsuit.  In most cases, such a notification must be provide before the lawsuit is even commenced. Failure to do so may invalidate the legal proceeding. This can have dire consequences if, […]

A unit owner recently brought an application to the court for an order declaring a notice of sale issued by a condominium under a lien null and void. The owner was also the condominium’s declarant. The declarant did not turn over the condominium to the owners when required by the Act or contribute to the […]

As we have reported in previous blog posts, there have been a number of pre-construction condominium developments in the Greater Toronto Area that have been canceled by the developers. The developers relied on early termination rights set out in the purchase agreements.   Read the article………………………

Electronic Voting has been adopted by many condominium corporations, so it is time to dispel some myths about what Electronic Voting is and what it is not.    Read the article……………………….

The applicants are 605 people who entered into Agreements of Purchase and Sale with the defendants in 2016 to purchase units in the as-yet unbuilt Cosmos Towers. The Agreements contained a provision permitting certain types of early termination of the contracts. (These provisions are required by law.) One permitted reason for termination of the contract […]