As construction season ramped up again earlier this Spring, a recent decision out of the Superior Court of Justice dealt with a situation where a condo urgently needed to conduct rooftop repairs, but its neighbour would not grant the condo access to its land so the condo could access its podium. The issue for the […]

A recent CAT decision has raised the eyebrows of certain condominium lawyers.  In Decoste v. Halton Condominium Corporation No, 134, 2022 ONCAT 52, the Tribunal enforced a rule which prohibited dogs of any size, residing in or visiting the condominium corporation.   Read the article………………………..

Do you have a virtual meeting and electronic voting by-law? If not, you should start the process now before the deadline of September 30th, 2022; otherwise, you may find that after September 30th 2022, you may not be able to hold a virtual meeting and won’t be able to do advance or real-time electronic voting.  […]

The current records request procedure under section 55 of the Condo Act has been around for almost four years now. Still, there remains confusion as to how records requests should be processed. One question we often get is whether the board can charge owners a photocopying/labour fee for records and, if so, how much can […]

The Court of Appeal of BC has overruled a 2021 decision of the BC Supreme Court that dismissed a strata corporation’s petition under s. 173 of the Strata Property Act that sought court approval of a levy to fund repairs.     Read the article………………………..

In the case of Wong v. TSCC 1918, the Applicant owned a unit that was “next door to the garbage room that contains a compactor and is the termination point of the garbage chute used by all of the condominium residents”.     Read the article………………………..

Section 117 (2) of the Condominium Act is a recently-added section. Section 117 (2) prohibits certain nuisances (on condominium properties), including unreasonable noise and other “prescribed nuisances”. The other prescribed nuisances are prescribed in Section 26 of Regulation 48/01. They are listed as follows (subject to the proviso that they are only prohibited if they […]

Condominium corporations are required to accommodate the human rights needs of their residents (to the point of undue hardship). So for example, this might mean that a service animal might have to be exempted from any “no pets” provision in a condominium’s governing documents.   Read the article………………………..

In the case of Decoste v. HCC 134, the condominium corporation had passed a new Rule prohibiting dogs. The Rule included an exception for “dogs reported and kept in the building before February 1, 2022”.   Read the article………………………..

Unfortunately, there is no absolute or definitive answer to this question. As with many legal questions, the answer in a particular case will depend upon the specific facts and circumstances. But here are some principles that I think may provide some general guidance:   Read the article………………………..

A recent case has highlighted the importance of timely and meaningful responses by condominium corporations to owner complaints – and the potential consequences for failing to adequately attend to the issues.   Read the article………………………..

The Home Construction Regulatory Authority (“HCRA”), the provincial administrative authority responsible for licensing all new residential construction builders and vendors, has updated its Directive from February 1, 2021, and issued a notice to all existing and new licensees regarding the use of the amended Condominium Information Sheet and changes to its Licence Application Forms.    Read […]

The Alberta Court of Appeal (the “Court”) recently heard a summary judgement application involving a condominium board that had made a claim in tort that a developer owed a duty of care regarding serious deficiencies in the design and construction of the condominium’s balconies.   Read the article…………………………..

Does a unit that’s purpose is to display a sign (i.e. Sign Unit and/or Pylon Sign Unit) have a voting interest?  The Condominium Act, 1998 makes reference to the following types of units:    Read the article………………

In the case of Wellington Condominium Corporation No. 244 v. Pauli, the condominium corporation’s Declaration contained a provision that prohibited certain breeds of dogs. Based upon the available evidence, the CAT ordered the removal of a dog (owned by a tenant) based upon non-compliance with this provision “unless a satisfactory letter from a licensed veterinarian […]

As our readers know, all Ontario condo directors must complete mandatory training, failing which they are automatically disqualified from office. That’s great but what’s the point of this training obligation if owners have no way of knowing for sure whether their directors have, in fact, completed such training?   Read the entire article……………………………….

On May 25, 2022, the Alberta Court of Appeal released its decision for Condominium Corporation No. 0522151 (Somerset Condominium) v JV Somerset Development Inc., 2022 ABCA 193 (“JV Somerset”). Roberto Noce, Q.C. and Michael Gibson of Miller Thomson LLP acted for the appellant, Condominium Corporation No. 0522151 (the “Corporation”).   Read the entire article……………………………….

In a recent decision, the court examined what happens when a condo corporation fails to address a unit owners’ complaints of noise and vibration coming from the common elements.   Read the entire article……………………………….

By the time Mary Fines and her husband bought their condo at the Gardenia Villa in East Vancouver, the worst of the damage had already been done.   Read the entire article……………………………….

On April 11, 2022, Ontario’s new Working for Workers Act, 2021 received royal assent, which introduced many employee-friendly changes to the Employment Standards Act, 2000. The Minister of Labour declared that the changes would “require most workplaces to have a right to disconnect policy.”  Read the entire article……………………………….

An interesting case came out of the Condo Authority Tribunal recently. It dealt with the situation of a condo corporation who had historically not enforced its pet prohibition against cats and who needed to find a way back into compliance.   Read the entire article……………………………….

A new motion decision from the Condo Authority Tribunal (the “CAT”) sheds some light on who should be parties to noise disputes.   Read the entire article……………………………….

As most of our readers know, the affairs of a condo corporation are managed by a board of directors. But the Condo Act also require that the board appoint (at least) two officers (the president and the secretary).  Who are these “officers”; who can appoint them and who do they report to? You may be […]

Condominium corporations must always be mindful of their duties and obligations under the Ontario Occupational Health and Safety Act (the “OHSA”). First and foremost, a condominium corporation is considered to be an “owner” which requires it to be aware of the duties set out under Section 29 of the OHSA.   Read the entire article……………………………….

In the case of Sava v. York Condominium Corporation No. 386, the owner made a request for the condominium corporation’s records relating to a refund of the special assessment.    Read the entire article……………………………….

This recent decision from the BC Human Rights Tribunal (HRT) emphasizes a strata corporation’s responsibility to address accessibility complaints where a resident suffers from a physical disability.   Read the entire article……………………………….

When a person’s medical condition is aggravated by smoke or fragrances, they would typically remove the source from their home. But what happens when the offending odour passes through the shared walls or ventilation system of a condominium?   Read the entire article……………………………….

In the case of York Condominium Corporation No. 229 v. Rockson, the condominium corporation sought various orders because of the owner’s excessive noise (mainly loud music after 11 p.m.).    Read the entire article……………………………….

As most of our readers know, the affairs of a condo corporation are managed by a board of directors. But the Condo Act also require that the board appoint (at least) two officers (the president and the secretary).   Read the entire article……………………………….

In my view, Paragraph 12 of the status certificate prescribed form is particularly important. In Paragraph 12, the condominium corporation must disclose any circumstances (known to the corporation) that could possibly result in an increase in common expenses (including a special assessment or an increase in regular condominium fees beyond inflation) at any time in […]

Experts are advising that exceptional windstorms, such as the “derecho” that impacted Ontario and western Quebec on May 21, 2022, may not be so exceptional in future. This is one of the unfortunate consequences of climate change.   Read the entire article……………………………….

Our readers will recall that condominium managers in Ontario could apply for a Transitional General License if they had at least two (2) years of condominium management work experience (during the five (5) years prior to the application) even though they had not yet completed the education requirements for a General License.  Read the entire article……………………………….

On November 6, 2020, the Supreme Court of Canada released the 5-4 decision of 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35 (“Maple Leaf Foods”). The majority decision states that property owners who bring negligence claims for building defects must prove that the defects present an “imminent risk” of danger to persons […]

While no pet provisions in a condo’s declaration are generally not meant to be flexible, a recent CAT case shows when it may be appropriate for there to be exceptions.  Read the entire article……………………………….

As our readers may know, condominium corporations can have a prohibition on animals within their declaration; but any such prohibition is nonetheless subject to human rights legislation in Ontario. This means that, in some instances, a condominium corporation may be required to exempt an owner/resident from such a prohibition and permit a service animal on […]

Following publication of our last post, “Cutting More Red Tape: Long-Awaited Clarity on Legal Costs, Voting for Condominiums, I have received numerous inquiries from condo owners and property managers on how Bill 19 and proposed amendments to the Condominium Property Act will impact special resolution votes for condominium corporations in Alberta.   Read the entire article……………………………….

Two recent decisions from the CAT deal with parties asking to adjourn their matters for medical reasons.  In Carleton Condominium Corporation No. 132 v. Evans, 2022 ONCAT 38, the condo brought an application to the CAT regarding a parking dispute with an owner on how their parking impacts snow removal in the condo parking lot.  […]

In the case of MTCC 736 v. Verstova, the CAT ordered an owner to permanently remove the owner’s cat. This was based upon a “no-pets” provision in the corporation’s Declaration and Rules.  Read the entire article……………………………….

The Ontario government has filed regulations under the Condominium Act, 1998, the New Home Construction Licensing Act, 2017, and the Ontario New Home Warranties Plan Act to strengthen consumer protection for buyers of new and pre-construction condos in Ontario and make other housekeeping amendments.    Read the entire article……………………………….

In the case of Teno v. Essex Condominium Corporation No. 28, the condominium’s Declaration contained a “no-pets” provision. However, for many years the condominium corporation had not enforced the particular provision against cats. As a result, many cats had been permitted to remain in units.   Read the entire article……………………………….

The astronomical increase in Canada’s condominium insurance costs remains a relevant topic, even if the news no longer dominates the headlines.   Read the entire article……………………………….