For a long time, the term “Grandfathering” has been used to describe special treatment that may be afforded to persons or situations because of historical circumstances. In most cases, a “Grandfathered” person or situation is not obligated to meet certain new requirements or rules, because past circumstances are felt to justify an exception.   Read the […]

Condominium managers and condominium management companies petitioned hard to be recognized as industry professionals. A large part of their fight was to become licensed like professionals in other industries such as security and real estate. With their new-found licensing recognition came the Condominium Management Services Act, 2015 (the “Act” or “CMSA”) and the Condominium Management […]

Our office has been successful in the recent case of TSCC 2519 v. Emerald PG Holdings et al, 2021 where the Honourable Justice Vella of the Superior Court of Justice confirmed that when a unit owner (or group of unit owners) engages in threats of litigation, intimidation and excessive hostility to a board of directors […]

In a recent decision, the B.C. Supreme Court confirmed the validity of a relatively common form of allocation of parking stalls and storage lockers in condominium developments.    Read the entire article……………………………….

When it comes to virtual condominium corporation meetings, especially the all-important AGM, the more advance planning you can complete helps with the end results you wish to achieve.   Read the entire article……………………………….

For the past few years, Alberta has been moving toward requiring condominium managers to obtain education and maintain provincial licenses. The Government of Alberta, through the Ministry of Service Alberta, selected the Real Estate Council of Alberta (RECA) to define and regulate a condominium management industry, separate and apart from other industries RECA oversees such […]

The Divisional Court of Ontario recently considered a condo corporation’s application for judicial review of a CAT decision. However, the court dismissed the application because the corporation did not exhaust its right of appeal under the Condo Act   Read the entire article……………………………….

In the case of McKeen v. HSCC 647, the condominium corporation needed to gain access to the units for mandatory annual fire-safety inspections. On two occasions, the condominium corporation attempted to gain access to the unit (by giving notice to the tenant) and the tenant of the unit refused entry. The tenant was seriously immuno-compromised, […]

In the case of Bashir v. Toronto Standard Condominium Corporation No. 1821, the CAT held that Board minutes do not become records of the condominium corporation until they are approved by the Board. In other words, draft minutes are not records. The CAT said:   Read the entire article……………………………….

The Landlord and Tenant Board (the LTB) was recently asked to rule on the age-old question of who, between the LTB and the courts, has jurisdiction over a dispute involving a condo tenant. This question regularly surfaces when condo tenants breach condo rules. These situations bring to light an impossible triangle between :   Read the […]

The recent case of Halton Standard Condominium Corporation No. 490 v. Paikin is another case involving a nuisance dog. In this case, the CAT determined that the dog in question was a nuisance (in contravention of the corporation’s Declaration and Rules) because the dog was being allowed to urinate and defecate on the balcony (with […]

This is the fourth post in this series. As the name implies, in this series we will discuss some common terms and phrases that are used incorrectly by owners and others in the industry. Today’s post focuses on terms related to requirements for regularly inspecting the property and planning for the future.   Read the entire […]

This is the third post in this series. As the name implies, in this series we will discuss some common terms and phrases that are used incorrectly by owners and others in the industry. Today’s post focuses on terms related to the maintenance of the property.    Read the entire article……………………………….

The opening paragraphs to Berman v. York Condominium Corp. No. 99 could not have set up the starting point for an oppression application any better: ‘The oppression remedy starts by someone having an expectation….But to be actionable at law, a person’s feeling of expectation must also be objectively reasonable. In addition, even if a reasonable […]

In the recent case of Middlesex Vacant Land Condominium Corporation No. 605 v. Cui, the condominium corporation applied to the CAT for relief in relation to two alleged nuisance dogs. According to the decision, the evidence revealed that:   Read the entire article……………………………….

In a recent decision, the Superior Court shed some light on the extent to which a condo owner can dictate when and how the corporation is to maintain, repair and replace common elements. Specifically, this owner was unsatisfied with the perceived delay in changing some of his unit windows and brought the corporation to court, […]

In the case of Martis v. Peel Condominium Corporation No. 253, the condominium corporation had passed a Rule to prohibit dogs. The corporation had also prepared an “ESA policy” dealing with residents’ rights to have Emotional Support Animals (as exceptions to the Rule). The policy included restrictions on the type and size of permitted Emotional […]

Condo rental markets can be fiercely competitive, depending on where you are looking.  For instance, in larger cities like Toronto and Vancouver, showings may attract dozens of interested candidates. Renters often feel pressured to accept a unit without even conducting a thorough inspection of the place.     Read the entire article……………………………….

Unit owners should expect to take responsibility for costs in cases involving their occupants, even if such owners cooperate with the condominium corporation and take reasonable steps to obtain compliance, a lawyer practising condominium law has said.   Read the entire article……………………………….

Being a relative newcomer, the Condominium Authority Tribunal (CAT) has had a limited scope of jurisdiction since beginning its operations in November of 2017. As of January 1st, 2022 the CAT will have jurisdiction to hear a wider array of disputes related to nuisance with the new changes to section 117(2) of the Condominium Act.  […]

Ontario has extended until September 30, 2022 the various exceptions in place to facilitate the conduct of condo business during the pandemic .   Read the entire article……………………………….

In the case of CMRAO v. GBC Property Management Inc., two condominium corporations complained to the Condominium Management Regulatory Authority of Ontario (CMRAO) about the manager’s failure to turnover records in accordance with Section 54 of the Condominium Management Services Act (CMSA) which states as follows:   Read the entire article……………………………….

In addition to stating that Minutes must be kept, the Condominium Act also says that the Minutes (and all required records of a condominium corporation) must be “adequate”. Furthermore, under it’s jurisdiction relating to records, the Condominium Authority Tribunal (CAT) can determine whether a condominium’s records meet this requirement for adequacy.    Read the entire article……………………………….

As many of our readers are aware, amendments to the Condominium Act, 1998 have been pending for quite some time. The provincial government has now announced that some of these changes – including changes to Section 117 of the Act (which deals with dangerous conditions or activities in the units or on the common elements) […]

On September 22, 2021, certain businesses and organizations in Ontario are required to ask patrons for proof of vaccinations and identification before allowing them to enter the premises. There are exemptions, such as those for children and certain medical conditions, but generally speaking all adults are expected to show proof of vaccination to access the […]

Condominium corporations often take legal action against unit owners who have fallen behind on their condominium fees or have contravened the bylaws. Corporations usually try to collect their expenses (including legal fees) from the delinquent owner. Otherwise, all other owners (who are following the rules) must pay these expenses as a collective.    Read the entire […]

Owners often focus their attention on their “2-5-10” new home warranty policy. However, they often overlook warranties provided by contractors, trades, suppliers and manufacturers on their work or products.  Roofs, windows, doors, waterproof membranes, electrical and mechanical components are often covered by such “contractor warranties”.     Read the entire article……………………………….

A Toronto condominium community recently endured a tenant from hell. In MTCC 1025 v. Hui, residents, security staff and contractors were subject to a tenant’s threatening and disturbing behaviour, including:    Read the entire article……………………………….

As our readers will know, CAT’s jurisdiction now includes disputes about parking provisions in a condominium’s governing documents.   Read the entire article……………………………….

What tools does a Corporation have when an owner refuses to comply with the Corporation’s governing documents? Our avid readers will know that securing compliance can be tricky if not done in a strategic, reasonable and forward-thinking manner. A recent case out of Toronto is a stark reminder of what condos should (and should not […]

A British Columbia condo corporation that charged a unit owner $25,000 for common property repairs has been ordered to reverse $15,000 of the charge.  Claire Adamson owns a strata unit which she rents out. Adamson lives at a different address. On Feb. 25, 2020, a water leak from Adam’s unit damaged common property.    Read the […]

The condominium collapse in Surfside, Fla. in June has raised questions concerning the likelihood of a similar tragedy in Canada. It’s a complex question that hits many issues: building department oversight, developer aggression, contractor shortcuts and condominium governance.     Read the entire article……………………………….

A British Columbia court has ruled in favour of Northbridge General Insurance Corporation in a dispute with XL Specialty Insurance Company over liability coverage arising from a strata power failure.    Read the entire article……………………………….

Canada signed into the Paris climate accord that sets targets for greenhouse gas emissions being 30 per cent lower than 2005 levels by 2030 and net-zero by 2050. Many of us believe this is a high-level statement that has no bearing on how condominiums are managed today. After all, 2030 and 2050 are a long […]

One of the more depressing aspects of my work is meeting with people who have experienced bullying and harassment in the workplace. I see this impact firsthand: sleepless nights, feelings of being trapped, and stress that invades people’s private and home lives.    Read the entire article……………………………….

There have been several parking cases at the CAT since its jurisdiction was originally expanded. In many cases the owners denied that they were improperly parking on the property and argued the rule was unenforceable. In some cases the CAT members felt there was insufficient evidence to support the condominium’s allegations against the owners. In […]