In the case of TSCC 1767 v. Ahmed, the condominium corporation made application to the CAT, seeking various remedies against a landlord and former tenants in relation to the tenants’ dog. Among other things, the condominium corporation sought to recover costs incurred to clean-up dog waste from the tenants’ balcony and from balconies below. The […]

We wrote about condo meetings and election pitfalls in the past but those articles focused on “what happens at the meeting/election”. A recent Superior Court decision highlights the dangers of poor meeting notices – these meetings were essentially dead before they hit the ground.    Read the entire article……………………………….

Field Law has just learned that the long-awaited creation of an Alberta Condominium Dispute Resolution Tribunal will not proceed this year as anticipated following the enactment of amendments to the Condominium Property Act and Regulations in January 2020. The Minister of Service Alberta recently delivered this new to industry stakeholders, including the Canadian Condominium Institute […]

In a recent case, the court was asked to rule on the fairness of an upcoming condo election. The takeaway is that courts are not likely to entertain theoretical potential issues but prefer to deal with actual breaches (if any), after the meeting.   Read the entire article……………………………….

Many of us have experienced a situation with a dissatisfied owner eagerly identifying technical (and insignificant) breaches of the Condominium Act. Whether it be a missing check box on a Notice of Meeting form (don’t we all just love those forms?!) or an AGM held one week after the 6-month deadline, owners can be quick […]

The province implemented a performance benchmarking initiative in order to assist large buildings in saving money by tracking energy and water usage, identifying energy and water efficiency opportunities and comparing building performance between similar buildings.   Read the entire article……………………………….

There is no doubt that a condominium corporation has maintenance and repair obligations; however, the extent of those obligations is often debated and results in a court dispute to be decided by a judge.   Read the entire article……………………………….

In the recent case of McLaughlin v. Brant Standard Condominium Corporation No. 75, the owner had requested various records, including Board Minutes for September 2018 to September 2021 and the 2020 AGM Minutes.   Read the entire article……………………………….

In a recent case, the Superior Court of Justice evicted condo tenants and their dangerous dogs. An interesting aspect of this case is that it was decided by the Superior Court of Justice and not: the Landlord and Tenant Board – despite involving tenants, or the  Condo Authority Tribunal – despite involving a dispute over […]

Prior to January 1, 2022, the CAT Rules of Practice stated that the CAT would not order a party (for instance the losing party) to pay another party’s legal fees unless there were “exceptional reasons” to do so.   Read the entire article……………………………….

We were recently successful in obtaining a stay from a civil action involving our condominium client and a neighbouring condominium. The two condos were parties to a Reciprocal Agreement and Indemnity Agreement (the “Agreements”) and after a dispute arose with respect to these agreements, our client submitted the issues to mediation and arbitration.   Read the […]

In the case of Emerald PG Holdings Ltd. v. Toronto Standard Condominium Corporation No. 2519, an owner made a request for various records, including legal invoices received by the condominium corporation from the corporation’s legal counsel.   Read the entire article……………………………….

The Court of Queen’s Bench of Alberta recently added to the growing case law on the issue of video surveillance in a decision called Lupuliak v Condominium Plan No 8211689, 2022 ABQB 65. Following a break-in of her main floor unit through the patio doors, the unit owner, Lupuliak, installed a security camera on the […]

We saw “condo meeting” cases before the court in 2021, seeking procedural directions or injunctions to stop them.  For each case that made it to a judge, more cases were negotiated between condo lawyers and owner lawyers, at a cost to both parties. The negotiations often aimed for meeting transparency from notice through vote tabulation.  […]

In the case of Niagara South Condominium Corporation No. 12 v. Kore et. al., the Ontario Superior Court ordered two owners to stop harassing and intimidating other residents and members of the staff and management of the condominium corporation.   Read the entire article……………………………….

In the recent case of Sakala v YCC 344, an owner requested copies of unredacted proxy forms received by the condominium corporation in relation to the corporation’s recent AGM. In keeping with previous decisions, the CAT again confirmed that:   Read the entire article……………………………….

In a recent decision dealing with a slip and fall, the Court provides some guidance for condo corporations and their winter maintenance contractors.   Read the entire article……………………………….

A recent court decision confirmed that disputes between neighbours should not be adjudicated by the courts as the first step (unless there is injury or danger to others or property). Parties should instead pursue mediation and arbitration. We have written on the proper forum for condo disputes before (see here and here) but this case […]

In the recent case of Berman v. YCC 99, the owner claimed that the condominium corporation’s failure to address his window complaints amounted to oppression. The Court described the circumstances as follows:    Read the entire article……………………………….

A recent decision from Toronto (MTCC No. 1171 vs. Rebeiro) demonstrates the importance of considering the proper forum for resolving a dispute. There are currently several methods of resolving disputes in condominiums, including:     Read the entire article……………………………….

In the case of Sarros v. YRSCC 1445, the condominium corporation had a Rule permitting only “seasonal furniture” on the balconies. The owner had a structure on the balcony which the condominium corporation felt was not “seasonal furniture” as permitted by the Rule.    Read the entire article……………………………….

A common stories goes like this: a car leaks oil in the condo garage (and drags it through the driving lanes/ramps). As the title of this post suggests it, the resulting question is often: who gets to pay for the clean up? A recent case before the Condo Authority Tribunal sheds some light on this.  […]

In the recent case of TSCC 1724 v. Evdassin (September 22, 2021), the Court was asked to consider the validity of a lien registered against the owner’s unit by the condominium corporation.   Read the entire article……………………………….

A Toronto condominium is making headlines after levying a $14 million special assessment. The condo’s 321 units were given 15 days to pay between $30,000 to $42,500. Many residents are seniors who see their units as their retirement home but the condo promised it wouldn’t enforce its liens before April…how generous.    Read the entire article……………………………….

Whether you live in a highrise tower or townhouse complex, urban or suburban, own or rent, condominiums are communities consisting of single residents, families and seniors, they are as diverse and complex as any residential or metropolitan area in the province. As condo managers and board members know, not surprisingly, condominium disputes arise. The Condominium […]

The Condo Act sets out the minimal number of directors that are required to sit on a condo board. It also provides for the mechanism to increase that number. In this blog post we explore this question.   Read the entire article……………………………….

Dissention in a community is always difficult. This is compounded when an owner refuses to recognize their statutory obligation to comply with the Condominium Act, 1998 (the “Act”), the Corporation’s governing documents and previous Court orders.   Read the entire article……………………………….

The Ontario Ministry of Government and Consumer Services has expanded the jurisdiction of the Condominium Authority Tribunal (CAT) to include nuisance-related disputes following recent changes to the Condominium Act.   Read the entire article……………………………….

Three months ago I did a poll on Linked In with the following question ” Should managers or board members have access to voting results for candidates before the meeting?”   Read the entire article……………………………….

In Missal v. York Condominium Corporation No. 504, the Condominium Authority Tribunal (CAT) provided a reminder on the need to maintain complete archived records and to be responsive to owners’ records requests.    Read the entire article……………………………….

Three years ago, on January 1, 2019, the Office of the Privacy Commissioner of Canada (“OPCC”) began applying their Guidelines for obtaining meaningful consent when investigating complaints made under Canada’s private sector privacy law, the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 (“PIPEDA”). The guidelines foreshadowed a stricter approach by the […]

This blog post could have been titled “The first CAT eviction” but such a title may have lead to some confusion. Still, in one of its first decision of 2022, the Condo Authority Tribunal (CAT) has evicted its first feline pet (so far, all other pet cases involved dogs).    Read the entire article……………………………….

In the case of Zamfir v. YCC 238, an owner submitted a request to see Board minutes.   When the minutes were prepared, the condominium corporation was considering a Court proceeding against the owner. Although owners are generally not entitled, under Section 55 of the Condominium Act, to see records relating to specific owners or units, […]

The latest issue of our newsletter, Condo Alert!, Winter 2021, features our Top 10 condo cases of 2021. This past year saw a trend in condo decisions reinforcing the importance of mandatory mediation, more discretionary costs and in oppression applications.   Read the entire article……………………………….

A strata corporation can’t recover $25,000 towards water damage repairs originating from a unit owner’s broken toilet water supply line, the British Columba civil resolution tribunal has ruled.   Read the entire article……………………………….

The court recently disallowed compliance costs claimed by a condo corporation because it did not first mediate compliance issues under section 132(4) of the Condominium Act, 1998 (the “Act”).   Read the entire article……………………………….

It’s December, and many people are looking forward to the sights, sounds, colours, foods, gifts and festivities with celebration in mind. Others might be taking a more philosophical approach and choosing to reflect on the past year while looking forward to what lies ahead.   Read the entire article……………………………….

A power of attorney is a legal document that gives one person legal authority to act as an attorney (i.e. make decisions) on behalf of another person. Under the BC Power of Attorney Act, an adult of full capacity can appoint an attorney to make decisions on their behalf, do anything the adult may lawfully […]

Our readers will be aware that Service Animals, including Emotional Support Animals (ESAs), must be permitted (in Ontario) despite any “No Animals” provision in the condominium’s governing documents. But this raises an important question: What sort of conditions can a condominium corporation properly impose on a permitted ESA?   Read the entire article……………………………….