Unit owners occasionally request records about past and current litigation.  This can happen in the context of a condo’s AGM, a debate with management or a seemingly benign records request.  When is it okay to provide such records? The CAT recently clarified that when litigation is settled or fully concluded and the record is not solicitor-client/settlement privileged, a record may be examined and produced:  the fact that the record relates to litigation is not a…

The 60-day limitation period on giving notice of snow/ice injury referred to in s. 6 of the Occupiers’ Liability Act has now come into force, as of January 29, 2021. The notice of such an injury must include the date, time and location of the occurrence and it must be personally served or sent by registered mail to the applicable occupier and/or the independent contractor employed by the occupier to remove snow or ice on…

We recently blogged about the mandatory registration for short-term rental operators in the City of Toronto. You can read it about it here.   You can now report short-term rental addresses that are operating without registration, not used as a principal residence, unsafe, causing a nuisance or for other non-emergencies, using 311’s online complaint form. While short-term rentals are currently prohibited under the provincial declaration of emergency (except for short-term rentals provided to individuals who need housing), condos should be diligent in reporting any non-compliant rentals to the city as a first step in its enforcement.  This online form makes it easier and…

The CAT’s decision in Abou El Naaj v. Peel Standard Condominium Corporation No. 935 reflects a problematic trend of condos failing or refusing to participate in Tribunal proceedings. We do not recommend ignoring a CAT application…  Just like real live cats, they don’t go away by simply ignoring them. We understand why condos might not want to spend the time and money defending a CAT application: we often hear some version of “not wanting to…

A brand-new Occupiers Liability Act provision requires Notice to be given by a person injured by ice or snow on privately-owned property, within 60 days after the date of injury. That Snow/Ice Injury Notice must describe in writing the location, date, time and circumstances giving rise to the injury.  The Notice must either be sent by registered mail or else personally served upon an owner or occupier of the property (presumably including the manager, a…

The courts kicked-off the year with the release of a decision discussing condominium arbitrations and the importance of explicit appeal rights in arbitration agreements. This case involved a unit owner, who operated a legal cannabis store at the condominium building. The condo   believed this breached a rule prohibiting cannabis sale at the property. Through an arbitration proceeding, the unit owner was found to be in breach of the rule and section 119 of the Condominium…

The latest issue of our newsletter Condo Alert! Winter 2020 features our Top 10 condo cases of 2020. We hope your holidays were restful.  We wish you a fresh start, health and happiness in 2021. A reminder of our fresh start –   we’ve moved up – one floor – at 390 Bay Street, Toronto.  Our new suite is 1400.  The opportunity presented itself to shift to flex-hotel offices in the same building, which lets us…