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
Gardiner Miller Arnold LLP
Gardiner Miller Arnold LLP is a Toronto-based law firm specializing in condominium law, real estate law, business law, litigation and dispute resolution, and wills and estates law. The firm focuses on providing cost-effective legal solutions with an emphasis on condominium boards, property managers, and owners, offering specialized advice tailored to condominium governance and compliance. Their publications often address practical legal issues related to condominium living, including owner alterations, dispute resolution, accommodation requests under human rights law, and financial matters such as chargebacks and audits. The firm also engages in educating stakeholders through detailed analyses of relevant cases and legislative provisions affecting condominium communities.
Website:
https://gmalaw.ca
Latest from Gardiner Miller Arnold LLP - Page 7
New snow/ice injury limitation
By Bob Gardiner
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,…
Condo arbitration – never mistake silence (in the agreement) for agreement
By An Nguyen
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.…
Top 10 condo cases of 2020
By Andrea Lusk
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…
CAT issues first order under Rule 4.5 – Applicant must obtain permission before continuing any proceedings
By Tony Bui
The Condominium Authority Tribunal recently granted an order under Rule 4.5 of its Rules of Practice for the first time since its inception. Rule 4.5 states:
If the CAT finds that a Party has filed a vexatious Application or has…
Key take-aways from the CAT’s record request decisions – Part 2
By Alex Young
Approximately two months have passed since the CAT’s jurisdiction expanded beyond condo record requests to include disputes regarding, pets, parking, vehicles and storage and chargebacks related to such issues. However, the CAT has yet to release a decision dealing with…
No oppression claim against directors personally unless a director instigates the conduct
By An Nguyen
There are limited circumstances where directors of condominium corporations can be personally liable for oppressive conduct under Condominium Act, 1998.
In a recent Ontario Superior Court of Justice decision, the declarant (also a unit owner at a vacant land…
Electronic meeting recordings and best practices
Most condos now conduct business through electronic meetings, which can be recorded by the host. Meeting recordings are not a novel concept but our recent dependence on electronic meetings has given them new life. Minute takers have historically recorded in-person…
COVID policy upheld, oppression lessons and “welcome” expanded CAT
By Andrea Lusk
Check out our latest issue of our newsletter Condo Alert! – V8.I4 Autumn 2020 – for case commentary on:
- upholding COVID policies
- CAT summaries
- oppression applications
Amlani and indemnity provisions – All Bark, no bite? Not quite
By Tony Bui
When Amlani v. YCC 473 was released at the start of the year, it was the immediate frontrunner for “2020 Condo Case of the Year”. YCC 473 appealed and even in a year of fascinating cases, the Amlani decision still…