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
Gardiner Miller Arnold LLP
Website:
https://www.gmalaw.ca/
Gardiner Miller Arnold LLP Blogs
Blog Authors
Latest from Gardiner Miller Arnold LLP
CAT’s considering costs – cautionary tales
By An Nguyen
Two recent CAT decisions highlight scenarios affecting recovery of costs in rule enforcement scenarios:
In TSCC 1767 v. Ahmed et al., the condo repeatedly assured the unit owner it would not seek costs against the owner for his tenants…
Hell hath no fury like condo scorn: avoiding meeting and election woes
By Tony Bui
CAT costs changes, troublesome tenants and more…
By Andrea Lusk
The latest issue of our newsletter, Condo Alert! Spring 2022, highlights changes to the CAT’s costs regime, discusses the Superior Court’s treatment of tenants and comments on some other interesting cases.
We hope you are dusting yourselves off after…
No free rides – Piggybacking on court proceedings to avoid mandatory mediation/arbitration is improper
By Tony Bui
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…
Condo meeting minefields
By Andrea Lusk
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…
Condo neighbour disputes don’t belong in the courts
By An Nguyen
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…
$14M Special Assessments or: How I learned to stop worrying and take condo governance seriously
By Tony Bui
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…
Top 10 condo cases of 2021!
By Andrea Lusk
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…
Mandatory condo mediation continued – Compliance legal costs not recoverable without exhausting mediation
By An Nguyen
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”).
Mr. Friend is a unit owner who had a long-standing…