In a previous post, we discussed the high costs of ignoring a CAT order in a recent court decision. Here, we focus on offers to settle in litigation. Rule 49.10 of the Rules of Civil Procedure deals with cost consequences for a party’s failure to accept an offer to settle. Generally speaking, in litigation, a successful party is entitled to costs on a partial indemnity basis (around 60% of legal costs incurred). However,…

Condo corporations are unique statutory creations with certain rights, abilities, and obligations, including commencing lawsuits. Subsection 23(2) of the Condominium Act requires written notice be given to the all owners in the corporation’s record of owners before commencing an action. There are instances, whether through error, inadvertence, lack of time, miscommunication, etc., that the required notice to owners is not provided before the action is commenced. The established law, going back to a Court of…

The first board of directors of newly registered condo corporation, will often be faced with many tasks that follow once  the turnover of  the condominium corporation from the declarant to the unit owners takes place. One item that sometimes is missed, is the securing of as-built drawings. Section 43(5) of the Condominium Act, 1998 (the “Act”) requires the declarant to provide certain documents and warranties to the Board within 30 days of the turnover meeting. …

CAI Canada is holding a luncheon seminar Condo Insurance in 2020 and Beyond- How Can We Be Protected next Thursday January 29th, 2020 at Parkview Manor 55 Barber Green Road, Toronto click here for more information.  …

Amlani v. York Condominium Corporation No. 47, a recent case of the Superior Court of Justice, has created buzz within the Ontario condo community. The case revolves around the conduct of a condo corporation in addressing smoke migration, the Corporation’s ability to charge back its legal costs in dealing with the owner, and “grandfathering” or exempting residents when passing rules. We believe there are two key takeaways from the Amlani decision: Be reasonable! Absent an…

A condo corporation is on the hook for almost $47,000 due to its failure to comply with a CAT order. In the underlying CAT decision, the unit owner requested 10 core records of the Corporation, including the owners list which the unit owner wished to review in advance of an upcoming AGM. The records were clearly within the scope of records that owners are entitled to. CAT ordered the production of all of the…

The new calendar year brings lots of excitement, opportunities, and a sense of renewal for condominiums. At this juncture, we provide a few safeguards and due diligence practices for Boards and condo managers to consider. While this list is nowhere near exhaustive, we have highlighted a few issues to consider: Short Form Dates : It is not uncommon to utilize short form dates on various documents. For example, a December 24, 2019 document could be…