We were recently successful in obtaining a stay from a civil action involving our condominium client and a neighbouring condominium. The two condos were parties to a Reciprocal Agreement and Indemnity Agreement (the “Agreements”) and after a dispute arose
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 4
Condo meeting minefields
By Andrea Lusk
We saw “condo meeting” cases before the court in 2021, seeking procedural directions or injunctions to stop them.
For each case that made it to a judge, more cases were negotiated between condo lawyers and owner lawyers, at a cost…
Condo neighbour disputes don’t belong in the courts
By An Nguyen
A recent court decision confirmed that disputes between neighbours should not be adjudicated by the courts as the first step (unless there is injury or danger to others or property). Parties should instead pursue mediation and arbitration. We have written…
$14M Special Assessments or: How I learned to stop worrying and take condo governance seriously
By Tony Bui
A Toronto condominium is making headlines after levying a $14 million special assessment. The condo’s 321 units were given 15 days to pay between $30,000 to $42,500. Many residents are seniors who see their units as their retirement home but…
Top 10 condo cases of 2021!
By Andrea Lusk
The latest issue of our newsletter, Condo Alert!, Winter 2021, features our Top 10 condo cases of 2021. This past year saw a trend in condo decisions reinforcing the importance of mandatory mediation, more discretionary costs and in oppression…
Mandatory condo mediation continued – Compliance legal costs not recoverable without exhausting mediation
By An Nguyen
The court recently disallowed compliance costs claimed by a condo corporation because it did not first mediate compliance issues under section 132(4) of the Condominium Act, 1998 (the “Act”).
Mr. Friend is a unit owner who had a long-standing…
CAT should award legal fees
By Bob Gardiner
The CAO is investigating if legal costs should be awarded in CAT cases. The effect of CAT’s Costs Rule No. 45 has generally resulted in no costs awards in records cases except in exceptional circumstances. Condos should take advantage of…
Time for grandfather to retire
By Andrea Lusk
A recent CAT decision about smoking rules contained the following in its introduction:
“ … this Tribunal has identified concerns with the use of the term “grandfathering” generally, as its origins are problematic, notwithstanding its long-standing social usage. The Tribunal…
Judicial review of CAT decision not available before exhausting Condo Act appeal
By An Nguyen
The Divisional Court of Ontario recently considered a condo corporation’s application for judicial review of a CAT decision. However, the court dismissed the application because the corporation did not exhaust its right of appeal under the Condo Act
Judicial review…
Oppression in condominiums: “Feeling of expectation” must be objectively reasonable
By Tony Bui
The opening paragraphs to Berman v. York Condominium Corp. No. 99 could not have set up the starting point for an oppression application any better:
The oppression remedy starts by someone having an expectation….But to be actionable at law, a…