Alberta’s provincial election is fast approaching and that can only mean two things: bright-eyed candidates door-knocking across the province, and an increasing number of calls to our office from landlords and property managers asking us if they actually have to let these would-be-MPs into their buildings. Whether or not you relish the opportunity to […]
Pet Eviction: A Tenant Does Not Have More Rights Than an Owner
The Residential and Tenancies Act, 2006 is the legislation presently applying to landlords and tenants. It provides that “[a] provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.” Consequently, a landlord cannot prevent a tenant from having a pet. However, what does that mean for condominium […]
Common expense collections policy redux
We published a piece last May recommending that condominium corporations enact policies to collect common expenses in an orderly, systematic way. Unfortunately, we continue to see condo boards deliberately delaying the commencement of power of sale proceedings on liened units. Such delay brings added cost, wasted board time, greater hardship on unit owners in trouble […]
Superior housekeeping at Superior Court (ON)
Though the weather suggests otherwise, spring has finally sprung in Ontario. As many condo corporations begin their seasonal cleaning and maintenance routines, our courts are likewise gearing up for significant housekeeping. Recent changes to the Rules of Civil Procedure will automatically sweep away pending lawsuits brought in the Ontario Superior Court that are not moved […]
When Hoarding In Condominiums Becomes A Hazard For The Other Residents
This case involving a housing co-operative provides a good (but sad) example of the difficulties faced by a corporation (be it condominium or co-operative) when faced with a hoarder. In this case, the co-operative appears to have taken all required steps to protect the other co-owners and the corporation. It involved the Police Department, the […]
When Hoarding Becomes A Hazard For The Other Residents
This case involving a housing co-operative provides a good (but sad) example of the difficulties faced by a corporation (be it condominium or co-operative) when faced with a hoarder. In this case, the co-operative appears to have taken all required steps to protect the other co-owners and the corporation. It involved the Police Department, the […]
Condo lien enforcement hits the highway
Until now, mortgagees could commence their enforcement lawsuits anywhere in Ontario they pleased, regardless of where the mortgaged property is located. That option is now gone. On March 31, 2015, rule 13.1.01 of the Rules of Civil Procedure is amended by adding the following new subrule Read more……..
How Long Will Condos Last?
Every time I am approached by condo buyers and owners alike, the most asked question is on the future of condominiums. Practically speaking, condos will exist as a real-estate ownership option for as long as there are buyers willing to buy them — notwithstanding their inherent ownership related problems. Read more………
Security precautions for condo dwellers
Living in a condominium means sharing space, including a building’s entrances, elevators, hallways and parking lots. While those common spaces can be important for interactions between neighbours, they can also create security issues, as residents don’t always know who else is in their building. Read more……….
Condo Owners Must Pay for the Unlawful Conduct of Their Directors
Who should pay the bill when condominium directors act unlawfully and take justice in their own hand? According to the Court of Appeal it may be the owners having elected them! We blogged already on the Ottawa case where condominium directors were found to be in contempt of court when they decided to ignore a […]
Errors in the Declaration or Description?
Despite being reviewed by a number of people during the development phase, sometimes a declaration or description is registered with an error or inconsistency in it. For instance, where two condominiums are mirror images of each other and the documents prepared from the first are used for the second. Read more………
Conflict of Interest: Better Safe Than Sorry
With ethics and governance being such a hot topics in the corporate and political world, you won’t be surprised to hear that condominium corporations are no stranger to these concepts. Directors must be conscious of the standard of care expected from them and of the risk of conflict of interest. Read more……….
A Settlement to Accommodate a Disability Must Be In Writing
Mr. Taite’s initial Application before the Tribunal was dismissed last February. At the time, he was alleging that the responding condominium corporation violated the Human Rights Code by failing to accommodate his disability, which required him to drive a modified truck. At the time, he was requesting to be able to park his over-sized truck […]
Update on the Condominium Act Review
In September 2013, the Ontario government, in conjunction with Canada’s Public Policy Forum, published a working paper on changes to the Condominium Act of Ontario. The current Condominium Act in use in Ontario was prepared in the late 1990s and brought into force in 2001. It is widely held that a review of the Act […]
How do green condo occupants actually use the ventilation sytems?
Many residents of new condominiums don’t fully understand the technology available to them and aren’t taking advantage of the mechanical ventilation systems in their suites. Read more……..
The common expenses conundrum
Many people who work with condominiums raised an eyebrow after reading a recent Toronto Star story entitled “Maintenance fees take a toll on Toronto condo owners.” The piece highlights the divergent philosophies about the interplay between common expenses and market values and the growing trend towards gathering, tracking and comparing common expenses data from building […]
Ontario judge applies correctness standard to Condominium Act arbitrations
On an appeal from an arbitration under the Condominium Act, in 90 George Street Ltd. v. Ottawa Carleton Standard Condominium Corporation No. 815, 2015 ONSC 336, Justice Patrick Smith applied a correctness standard of review. Read more………
Special Assessments – What is the Limitation Period?
How much time does an owner have to commence a claim against a condominium and/or the directors if he disagrees with an action taken by the board of directors? In Ontario, the answer is normally two years from the date the owner knew, or ought to have known, about his claim against the condominium and/or […]
Noisy Neighbour or Overwhelmed Owner?
The Court has had another opportunity to rule in the never-ending saga of Dyke v. Metropolitan Toronto Condominium Corporation No. 972. The owner brought a motion for contempt and other relief. Read more……..
Scheduling owners’ meetings: Did you check the date?
An interesting case is before the Human Rights Tribunal right now. Three owners have filed a claim against their condominium and property manager alleging discrimination because of creed, which is contrary to the Human Rights Code. The owners are Muslim and contend that they were discriminated against because an owners’ meeting was held on an […]
The final frontier: smoking bans in apartments, condos
Remember when restaurants had smoking sections? Or when going out to a bar inevitably meant coming home smelling like an ashtray, even if you never took a puff on a cigarette? Read more………
“We want to remove the board because we want to fire the manager”
So, this won’t be like my usual posts where I share a recent case or discuss a section of the Condominium Act, 1998. Today I’m going on a rant about the relationships between owners, directors, and managers. Read more……….
Chargeback or Fine?
I’m often asked by directors if they can fine owners for unruly or disruptive behaviour, like excessive noise or improper parking. The simple answer in Ontario is no. While a condominium cannot fine an owner, it may be able to charge some costs back to the offending unit owner in certain circumstances. This process is […]
Top 10 condo law cases of 2014 (Canada)
Happy New Year. Our picks for the top 10 condo law cases of 2014 is an all-Ontario batch, with half being important Court of Appeal rulings. Some of them highlight the dire need for significant revision to our condo law. Read more………
Single Family Use
Most declarations for residential condominiums restrict the occupation and use of the units to residential use. Some go further and restrict the occupation and use of the units to “single family” or “one family” residences. The typical language used is something like: Read more……….
Status Certificate Error Costs Condo, Lawyer, and Others
The Court of Appeal has released its decision in Orr v. Metropolitan Toronto Condominium Corporation No. 1056. I encourage a full reading of the case, but here is a summary of the important facts and findings. Read more………
Do you know your condo ABCs?
If you are a first-time condominium buyer, there may be certain terms that aren’t familiar to you. Here are some of the terms you may encounter when shopping for a condo. Read more………
Registration of Condominium Liens
As discussed in my blog, Introduction to Condominiums, the term “condominium” refers to a system of ownership where a unit is owned separately by the individual who purchases it, while the common elements (hallways, elevators, lobby, walkways, swimming pool, front and back yards etc.) are owned in common by all the unit owners. When you […]
Top Condo Cases of 2014
The courts have been busy this year! While that is good news for law bloggers, it means far too many condominiums are spending money on lawyers when they could be spending it on solutions. Here are the highlights from cases in Ontario: Read more……….
New CRA view on whether condominium corporations are exempt from tax (Canada)
n August 18, 2014, CRA issued a new document that deals with the tax implications of a leasing arrangement between a condo corporation (the “Corporation”) and a company proposing to install solar panels on several rooftops of the condominium complex. CRA was asked to consider whether the leasing arrangement would cause the Corporation to fail […]
Dispute over landscaping repairs results in personal penalties against condo directors and a fascinating governance war story
Court decisions holding corporate directors personally liable for acting in bad faith tend to be few and far between in Canadian jurisprudence. The recent Ontario Court of Appeal decision in Boily et al v Carleton Condominium Corporation 145 et al, 2014 ONCA 574, did just that. Although at first blush Boily appears to deal with […]
Dispute Over Landscaping Repairs Results in Personal Penalties against Condo Directors and a Fascinating Governance War Story
Court decisions holding corporate directors personally liable for acting in bad faith tend to be few and far between in Canadian jurisprudence. The recent Ontario Court of Appeal decision in Boily et al v Carleton Condominium Corporation 145 et al, 2014 ONCA 574, did just that. Read more………
Board Member Defamation
The appeal decision in a recent defamation case involving two board members of a residential co-op (Van Sickle v. Conlon, 2014ONSC 4337) provides a wake-up call to condominium board directors. Ms. Van Sickle and Mr. Conlon were both board members who had attended a meeting to discuss the possible eviction of a resident. Ms. Van […]
Carbon Monoxide Detectors in Ontario
I am sure many of you have heard about the law requiring carbon monoxide detectors in most homes in Ontario. Here are a few key points about the law as it relates to condominiums: Read more………
New Duty of Honest Performance of Contracts
The Supreme Court of Canada released a decision yesterday that should be read by every person doing business in Canada. While the law in Canada required parties to act in good faith in performing a contract in some instances (i.e. insurance), the law was “piecemeal, unsettled and unclear” in many industries. Read more……….
Condo Dispute Wastes a Million Dollars? (Canada)
The Court of Appeal released its decision in the Boily saga in late October. For those of you that are unfamiliar with Boily, it is the case where the board and a group of owners disagreed on various changes to the common elements. The owners commenced an application against the condominium and directors. Read […]
Watch Out: Developers limiting their liability for building defects
As the buying frenzy for new condos continues, a growing trend threatens to leave purchasers poorly protected against construction deficiencies. Purchasers and their lawyers should pay attention. Read more…….
Condo can’t revive lost lien right using section 134
The Court of Appeal released another condominium case this month: Toronto Standard Condominium Corporation No. 1908 v. Stefco Plumbing & Mechanical Contracting Inc. As a refresher, this is the case where the declarant refused to release control of the condominium to the owners. Read more………
Developer Board Entitled to Waive Developer’s Liability on behalf of Condo
The Court of Appeal released its decision yesterday in Toronto Standard Condominium Corporation No. 2095 v. West Harbour City (I) Residences Corp. This is the case where the first board of directors appointed by the declarant adopted a by-law requiring the condominium to enter into a warranty agreement with the declarant that limited the declarant’s […]
The Condominium’s Duty Regarding Hoarding (Part 2)
I know what you are thinking: “Now that I know what hoarding is and why I should care about it, how do I fix it?” Well, like I said in my last post, there is no one size fits all solution. In some cases, it will be relatively easy to deal with the hoarding. In […]
The Condominium’s Duty Regarding Hoarding (Part 1)
We have probably all seen an episode of, or at least a commercial for, one of the various hoarding shows on television these days. The shows depict a person or family living in unimaginable conditions with piles of goods, garbage, and who knows what else. I have even heard of an episode where several of […]
Reader Feedback Q and A (re Robert’s Rules)
Over the past few weeks I posted about the types of motions under Robert’s Rules of Order. I had several comments and questions about my previous posts so I thought I would take a few moments to respond today. Read more……..
Shared Facilities Dispute Requires Med/Arb Despite Oppression Claim
The Court recently had to determine whether a dispute with respect to a shared facilities agreement must proceed to mediation and arbitration or whether it could be heard in court (see Metropolitan Toronto Condominium Corporation No. 965 v. Metropolitan Toronto Condominium Corporation Nos. 1031 and 1056 (2014) SCJ). Read more……..
What about municipal election signs?
I have received a few comments on my previous post on provincial election canvassers and signs. Now that we are in the midst of municipal elections, people want to know what the rules are for municipal election canvassers and signs in condominiums. Read more………
Refresher – Motions at Condominium Meetings
I said earlier this week that I would describe how certain motions are made at condominium meetings. Rather than re-invent the wheel, I’ve decided to post a Presentation that I prepared last year for some condominium management firms. It provides examples of the five types of motions and describes how an owner may bring a […]
Refresher – How to Make and Consider a Motion
Earlier this week I described the five types of motions under Robert’s Rules of Order: main, subsidiary, incidental, privileged and previous. Some motions have their own specific requirements, which you can read about in detail in Robert’s Rules of Order. Today, I will discuss the basic process for dealing with most motions that arise at […]
The end of neighbours
It’s a new day in the neighbourhood all across the Western world. More than 30 per cent of Canadians now say they feel disconnected from their neighbours, while half of Americans admit they don’t know the names of theirs. An Australian sociologist investigating community responses in the wake of the 2011 floods in Queensland found […]
Refresher – Robert’s Rules of Order (Part 1)
love the fall season. Thanksgiving, Halloween and AGM season (?). All jokes aside, another AGM season is quickly approaching and many notices have already been sent to the owners and mortgagees of record. This week I will provide a quick refresher for condominiums that use Robert’s Rules of Order at their meetings. Read more………
Oppressed condo owners force changes to the declaration
We often think that democracy is the ultimate decision-making process in a Condominium Corporation. Well, it isn’t so simple. A recent decision of the Ontario Superior Court forced a Condominium Corporation to amend its Declaration to protect the interests of unit owners who claimed oppression. Read more………
What’s that Smell? Smoke and Odours in Condos (ON)
It seems that smoking and odour problems are on the rise these days in condominiums. The reason? Likely a combination of municipal planning departments approving more high density developments and our growing intolerance for smoking (cigarettes at least). The solution? It depends. Read more……..