Our Autumn 2021 issue of Condo Alert! reports on the continuing prevalence of the Ontario Superior Court to follow the mandate set by higher courts that matters which are subject to mediation and arbitration must proceed by that route (even
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 5
Cooperative unit owner pays the price for tenant’s outrageous conduct
By An Nguyen
A Toronto condominium community recently endured a tenant from hell. In MTCC 1025 v. Hui, residents, security staff and contractors were subject to a tenant’s threatening and disturbing behaviour, including:
- Threatening a security guard with a knife;
- Exposing himself
…
Ontario’s Vaccine Passport and condos
By Tony Bui
The Province of Ontario announced that effective September 22, 2021, Ontarians will need to be fully vaccinated (which they define as having two vaccination doses for at least 14 days) and provide proof of vaccination status along with photo ID…
Home Construction Regulation Authority and Superior Court promote new home buyer protection
By Andrea Lusk
In February 2021, the provincial Home Construction Regulation Authority (HCRA) became responsible for licensing and regulating home builders and sellers in Ontario. This was previously overseen by the Tarion Warranty Corporation (TARION).
The HCRA sets standards for competence and conduct…
Condo elections, dodging “fake news” and voter fraud
By Tony Bui
A Toronto condominium corporation finds itself in the news lately (link to article here) over a hotly-contested election.
Two unsuccessful candidates brought a legal proceeding claiming election interference after they won on an initial count by a slim margin…
E-signatures continued – Are text messages valid digital signatures?
By An Nguyen
We recently blogged about the current framework governing electronic signatures in Ontario (here). In a May 2021 case, the Divisional Court recognized text messages as a valid digital signature in a dispute between parties over a debt for…
Justice for victims of terrorism and what is the cost of records?
By Andrea Lusk
Our newest issue of GMA’s newsletter Condo Alert! – Summer 2021, contains a litigation report on Mark Arnold’s success for victims of terrorism and a case summary of the CAT’s recent treatment of fees payable for records.
We hope…
Standard Unit By-law Upgrades
By Bob Gardiner
“Like a Mortgagee”: no uncertainty with condo liens and foreclosure/power of sale
By Tony Bui
The Superior Court of Justice recently raised an interesting question: can a condominium corporation foreclose on a unit to enforce its lien? While the Court didn’t answer the question, raising the question seemingly casts doubt on what a corporation can…
Condo business as usual with electronic signatures
By An Nguyen
Electronic signatures are the new normal in most corporate transactions. With physical distancing, gathering restrictions and many working remotely, electronic signatures make it easy for business to continue as usual, including at condominiums.
Meeting minutes, status certificates, proxies and requisitions,…