You’d be surprised how often we are asked whether condo owners are entitled to get the name and address of other owners. I was surprised we did not have a blog post on this (our posts having focused on the other pesky question of whether owners can get their neighbour’s email address). So here it […]

In the case of TSCC 2804 v. Micoli, the Tribunal ultimately found that a tenant (and the tenant’s co-resident) were “a highly disruptive presence in the condominium, causing nuisances that unreasonably interfere with and disturb the comfort or quiet enjoyment of other residents and the condominium’s staff.”    Read the article………………………..

The Condominium Authority Tribunal (“CAT”) and Superior Court operate on virtual platforms, with CAT hearings typically concluding via written argument. These forums have their own rules and directions and, occasionally, comments from adjudicators to guide process. This decision from the Superior Court comments on using written materials efficiently and to win in modern practice.    Read […]

Whether you own a condo, are about to buy one, or hope to do so someday, one of the most important things you should know about is “2-5-10” home warranty insurance.  For more than 20 years, homeowners in B.C. have been protected by 2-5-10 warranty insurance, which includes 2 years’ coverage on labour and materials, […]

In the recent Alberta Court of King’s Bench decision The Owners: Condominium Plan No. 9311533 v Shui Ming Tong Foundation, the Applications Judge was asked to determine two questions:   Read the article………………………..

With recent reports from TD Insurance stating that over 40% of Condo Insurance Claims have been due to flooding in recent years, Home Trade Standards is calling on Condo owners and property managers to take preventative measures to mitigate the risks of water damage incidents.   Read the article………………………..

Before CAT, condominiums typically brought compliance applications under s. 134 of the Condo Act to force unwilling residents to comply with the Condo Act and the condo’s declaration, by-laws and rules. And beyond ordering compliance with the Condo Act, declaration, by-laws and rules, judges have the broad discretion to “grant such other relief as is […]

In a recent decision, the Ontario Fire Safety Commission ordered a residential condo corporation to remove all items stored in 52 wired caged storage locker units located on various levels of its underground garage because they were in breach of the Ontario Fire Code.    Read the article………………………..

In Stratton v. Richter, 2022 BCCA 337, Lesperance Mendes won a victory for our clients in the Court of Appeal, securing their right to the exclusive use of a deck designated as limited common property (LCP) for their strata lot.  Read the article………………………..

In the case of YCC 288 v. Tamhane, the condominium corporation had “no pets” provisions in the Declaration and Rules. The corporation had nevertheless permitted a dog as a service animal (i.e. an accommodation of a human rights need).    Read the article………………………..

Although the CAT’s jurisdiction has been expanded since its inception, the CAT’s decision in Brady v. PCC 947 is a reminder that disputes outside section 117(2) of the Condo Act will likely be dismissed even though owner-applicants have succeeded in other forums.   Read the article………………………..

November 1, 2017 was a big day for the condominium industry in Ontario. The Condominium Management Services Act, 2015 came into effect, as did significant amendments to the Condominium Act, 1998 brought in through the Protecting Condominium Owners Act, 2015. While not all of these changes were directed exclusively at condo managers, many were, and […]

A recent court decision highlights the importance of management and the board’s role in the election and meeting process.  In Gangoo and Giuntoli v. TSCC No. 1737, two candidates running for election to the board (the “applicants”), collected proxies from owners and attended the management office the afternoon of the meeting to seek confirmation that […]

In the case of Hovagimian v. TSCC 1754, an owner complained about intermittent party noise, in the early morning hours, coming from the unit above and occurring over a number of years. The complaining owner claimed that the condominium corporation had failed to take reasonable steps to address the noise.     Read the article………………………..

In the case of MTCC 1002 v. Ruiz, the Tribunal held that a tenant was smoking cannabis in contravention of the condominium corporation’s rules and ordered the tenant to stop smoking cannabis.     Read the article………………………..

When you purchase a condominium unit in Ontario, you are not just buying a home, but you are also joining a community.  Every condominium community is governed by a condo board, which is an elected group of members who are responsible for the day-to-day operations of the condominium. The condo board has a number of […]

With everything seeming new and shiny, many buyers can enter a honeymoon period with their new strata corporations. Many may also be preoccupied with moving and settling in. However, there are many issues that a new strata corporation should deal with early on to avoid running into trouble later.   Read the article………………………..

As of January 1, 2023, the City of Toronto and the Federal government have implemented two important changes in relation to residential property ownership.   Read the article………………………..

In a recent case, the Condo Authority Tribunal had to rule on whether a condo owner could “triple park” three motorcycles in his parking spot. An interesting case with a little bumpy ride.   Read the article………………………..

The case of Sidhu v Peel Condominium Corporation No. 426 involved a unit owner’s application to the Condominium Authority Tribunal (CAT) for certain records of the Corporation that the owner claimed PCC 426 refused to provide without reasonable excuse.    Read the article………………………..

According to the Canadian Mental Health Association, 1 in 5 Canadians will experience a mental health issue or illness during their lifetime. Roughly 2 million Canadians now live in condominiums, so most of these communities will inevitably face a situation involving a resident who is experiencing such issues. Condominium boards must therefore be prepared to […]

An interesting case recently had to rule on whether non-compete clauses in management agreements are enforceable. This case dealt with a condo corporation who continued to employ the same manager after they had both left the management firm. This case contains important lessons when dealing with a situation that is more common than one would […]

In a marvel of efficiency, the BC government introduced into the legislature and made into law, the Building and Strata Statutes Amendment Act, SBC 2022, c 41 (the “BSSAA”) last week. In addition, it seems the government ignored CHOA’s concerns, which were sent by letter on November 21, 2022.   Read the article………………………..

The Court granted the condominium corporation’s application against a landlord and tenant, respecting the tenant’s misbehavior. Importantly: The rights of the condominium corporation were determined to be independent of the rights of the landlord (and the landlord’s application against the tenant at the Landlord and Tenant Board).   Read the article………………………..

We start the 11th volume of our newsletter, Condo Alert!, Winter 2022, with our annual Top 10 condo cases review.  The CAT expanded its jurisdiction on January 1, 2022 to include noise and nuisance cases, and with that 2022 saw an influx on CAT decisions on wide ranging matters,   Read the article………………………..

In British Columbia, condominium ownership is principally governed by a statutory regime found in the Strata Property Act (“SPA”). However historically, structures were developed to create land ownership and management rights outside of that legislative scheme.   Read the article………………………..

After being sworn in as Premier of British Columbia on November 18, 2022, former Attorney General and Minister Responsible for Housing, David Eby, made swift work of introducing amendments to the Strata Property Act (the SPA)[1] which are purported to open up more rental and homeownership options for people in British Columbia. On November 24, […]

Condominium properties have existed in Canada for more than 50 years. In fact, the first condominium property registered anywhere in Canada was in Edmonton, Alberta, in 1967. This is a townhouse-style property known as “Brentwood Village”, that still exists today. Despite this, condominiums remain a relatively new form of land ownership from a legislative standpoint.  […]

In the case of Kent v CCC 268, a special meeting of the owners was held on the Zoom video conferencing platform. The meeting was recorded to assist in creating minutes of the meeting. An owner requested a copy of the recording.   Read the article………………………..

It’s December, and at this time we begin to hear familiar grumblings “Where has the year gone?” 2022 continued to be challenging for condominium corporations, unit owners and managers as issues brought on by the COVID-19 pandemic continued to impact much of our daily lives. If it wasn’t the Omicron variant, it was the third, […]

In Morassut v. Middlesex Standard Condominium Corporation No. 922, the condominium corporation had retained an engineer to investigate certain deficiencies pertaining to the humidity levels and leaks in the parking garage in the condominium building. To fully investigate these deficiencies, the engineer retained (or subcontracted) a specialist to undertake certain investigative work including data collection, […]

An important question that we are frequently asked is: Can I bring my dispute to the CAT? In other words, what kind of disputes does the Condominium Authority Tribunal (“CAT”) have jurisdiction over?  Read the article………………………..

We are nearing the end of a transitional 2022, looking for positive signs of better days to come. Every year at this time, banks, policy institutes and other think tank organizations release their economic forecasts for the upcoming year. Among these, a number of real estate industry players released reports that are favourable to growth […]

On November 24, 2022, the BC Government passed amendments to the Strata Property Act, which take immediate effect. There are two significant changes impacting REALTORS® dealing with strata properties, as well as their clients:   Read the article………………………..

In the case of Kikites v. York Condominium Corporation No. 382, the Applicant owner claimed that he was experiencing nighttime noise from the unit above, which interfered with his quiet enjoyment. Along with his complaints of nighttime noise, Mr. Kikites also complained of noises resulting from furniture moving and/or children jumping and playing loudly in […]

In the case of Hamid-Rajroop v. Metropolitan Toronto Condominium Corporation No. 728, the Condominium Authority Tribunal (CAT) found that the condominium corporation failed to adequately maintain records and therefore refused to provide those records when requested, without a reasonable excuse. As a result, the condominium corporation was ordered to bring its records into compliance, pay […]