In a recent case before the Ontario Superior Court of Justice, WCC No. 31 v. Silberberg et al, a condominium corporation obtained an order prohibiting the unit owners, Mr. and Mrs. Silberberg, from smoking on their balcony in contravention of the condominium rules. When they had first moved into the building there was no prohibition on smoking on the balconies.  However, after numerous complaints from other unit owners, the corporation enacted a rule that prohibited…

The time has finally come!  Information has now been received about a proposal to expand the scope of disputes that the Condominium Authority Tribunal (CAT) will deal with. The Ministry of Government and Consumer Services is now seeking input on regulatory proposals under the Condominium Act, 1998 (Condo Act). The proposal, if approved, would proclaim into force a new section 117 of the Condo Act and amend two regulations under the Condo Act (O. Reg. 48/01,…

The Government of Ontario recently introduced the Rebuilding Consumer Confidence Act, 2019 to strengthen consumer protection and promote trust and confidence for the people of Ontario. This proposed legislation will amend various statutes in respect of consumer protection. Some of the provisions in the proposed legislation are directed at protecting condominium buyers and owners. In addition to the proposed legislation, the Government of Ontario is also undertaking other measures that will impact condominiums. Effective January…

Danielle Swartz recently authored an article in The Lawyer’s Daily about terminating condo agreements of purchase and sale.  In this article, Danielle discusses how agreements of purchase and sale can be terminated by developers and provides purchasers with information about some of the inherent risks in buying pre-construction. Click here to read the entire article. Previously published by The Lawyer’s Daily www.thelawyersdaily.ca.…

In a prior blog post we reviewed a decision of the Ontario Superior Court of Justice that considered whether police were entitled to install video cameras in condominium common elements in order to obtain evidence about suspect residents engaged in criminal activities. During the course of an investigation targeting criminal gang activity, the police installed hidden video cameras in the hallways of several condominiums. Some of the cameras were installed without a warrant, but with…

A recent case (Jack Gale v. HCC No. 61, 2019 ONCAT 46) before the Condominium Authority Tribunal (the “Tribunal”) considered whether a condominium unit owner was entitled to receive copies of the condominium corporation’s legal bills that reference the owner’s unit. The unit owner, had a contentious relationship with the corporation and had made 42 previous requests for records. This owner was not the only owner making multiple record requests. In a letter dated October…