In a recent case titled Peel Standard Condominium Corporation No. 1028 v. Jakacki (2020) ONSC 3697, the Ontario Superior Court was tasked with deciding whether to grant a temporary injunction preventing the Respondent, a unit owner, from using the common areas of the Applicant condominium corporation except for ingress and egress. The Corporation alleged that the owner had, on a number of occasions, engaged in disruptive and violent behavior on the common elements of the…

Over the past few months, many condominium corporations have put their owners’ meetings on hold waiting to see whether things would get back to “normal” soon. When the first emergency orders were declared, there was a lack of clarity as to whether the orders allowed all owners’ meetings to be delayed.  It soon became clear that turnover meetings, requisitioned meetings and meetings required due to lack of quorum on the board, could not be delayed…

Now that many condominium corporations are able to move forward with virtual AGM’s, there have been so many questions from board members and managers, trying to figure out how it all works. How do owners register for a virtual meeting? How do owners vote at a virtual meeting? What about proxies? How are motions handled? How does a chair run the meeting? The questions continue….. We know that virtual meetings and electronic voting are the…

“Hey All You Cool Cats and Kittens”, in the recent decision of Reva Landau v Metropolitan Toronto Condominium Corporation No. 757, the Condominium Authority Tribunal of Ontario (“CAT”) confirmed that solicitor-client privilege applies to legal opinions rendered by a Corporation’s lawyer. Solicitor-client privilege is a common law principle that protects communications between a lawyer and their client from disclosure. The Applicant requested any legal opinions or letters rendered by the Corporation’s lawyer with respect…

What are the requirements for sending out Notices to Owners under the Condominium Act? Section 47(4)(c) and (5)(c) of the Condominium Act, 1998 (the “Act”) permits corporations to serve “any notice that is required” under the Act on owners and mortgagees by electronic means. However, in order to serve required notices electronically, the following requirements must be satisfied: The Board has passed a resolution setting out that the Corporation will use email as the method…

What has happened this past week in Ontario which impacts our condo communities? Extension of the declared emergency period Ontario has extended the period of emergency until June 2.  The emergency period has been extended a number of times since March and we will have to wait until closer to June 2nd to see whether there is a further extension. Lifting of some restrictions in Ontario The reopening of Ontario has entered “Stage 1” of…

We are excited to welcome Sarah Morrey back to Lash Condo Law as our first year associate lawyer. Sarah was our summer law student during her second and third year of law school and articled at Lash Condo Law this past year.  Sarah has successfully completed her articles and will be called to the Bar in June 2020. Sarah joined Lash Condo Law at the right time.  It was in November 2017 that the Condominium…