In our Spring 2023 Issue of Condo Alert! we look at the CAT’s recent decisions refusing access to records. The often used “litigation exemption” is examined in the context of a longstanding and far reaching dispute between an owner and
Ontario Condo Law Blog
Serving Ontario's condominium communities since 2008
The Ontario Condo Law Blog, published by Gardiner Miller Arnold LLP, focuses on legal issues related to condominium living in Ontario. It covers topics such as owner alterations to common elements, interpretation and application of the Condominium Act, dispute resolution between condo boards and owners, accommodation requests under human rights law, financial and audit matters in condominium governance, and enforcement of condo rules including chargebacks and liens. The blog also discusses recent case law affecting condominium corporations and practical guidance for condo boards, property managers, and unit owners navigating legal challenges in the condominium context.
Latest from Ontario Condo Law Blog - Page 2
Choose your words, win your battle
By Andrea Lusk
The Condominium Authority Tribunal (“CAT”) and Superior Court operate on virtual platforms, with CAT hearings typically concluding via written argument. These forums have their own rules and directions and, occasionally, comments from adjudicators to guide process. This decision from the…
Fighting fire with fire – Eviction under the Condo Act remains exceptionally rare
By Tony Bui
Before CAT, condominiums typically brought compliance applications under s. 134 of the Condo Act to force unwilling residents to comply with the Condo Act and the condo’s declaration, by-laws and rules. And beyond ordering compliance with the Condo Act, declaration,…
CAT clarifies jurisdiction over noise disputes
By An Nguyen
Although the CAT’s jurisdiction has been expanded since its inception, the CAT’s decision in Brady v. PCC 947 is a reminder that disputes outside section 117(2) of the Condo Act will likely be dismissed even though owner-applicants have succeeded in…
The top 10 condo law cases of 2022!
By Andrea Lusk
We start the 11th volume of our newsletter, Condo Alert!, Winter 2022, with our annual Top 10 condo cases review.
The CAT expanded its jurisdiction on January 1, 2022 to include noise and nuisance cases, and with that 2022…
Collecting unpaid shared condo costs
By Andrea Lusk
The lien regime to collect arrears against a defaulting unit owner is straightforward and codified in the Condo Act and common law – there’s a default in common expense payment, a lien arises automatically, a certificate of lien is registered…
Compliance costs must be reasonable – prove it or lose it
By An Nguyen
A recent CAT decision considered whether a condo’s claim for indemnification for legal costs in issuing a compliance letter was reasonable and whether the owner was required pay it.
The condo issued a compliance letter to the owner citing multiple…
Knowledge is power: The CAO’s advanced condominium director’s training
By Tony Bui
Being a condominium director is often a thankless job: most condominium directors in Ontario serve on an unpaid volunteer basis to deal with big-ticket items such the corporation’s finances, maintenance and repair and rule enforcement all while inevitably making themselves…
Condo Alert! – CAT vs. dog and leasing
By Andrea Lusk
In the 2022 Condo Conference Issue of our newsletter, we hash out our office debate on whether Stan, the Akita, should stay or go and recap some best practices in leasing common elements. Thanks to the CAT for this issue’s…