When condo owners get hit with a lien, things typically go one of two ways: the owner pays the lien and everyone moves on with their life or the owner disputes the lien and a contentious battle ensues. A registered
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 6
Mask exemption: accommodation process is a two-way street
By An Nguyen
A couple of weeks ago, the Superior Court of Justice released an important decision, HCC 77 v. Mitrovic, regarding mandatory masks in condos. The court ordered two owners to wear a mask or face covering while on interior common…
Unit and common element boundaries: Not always as “concrete” as they seem
By Tony Bui
Condo boards and owners should be familiar with the concept of “common elements” and “units”. While there is no “one size fits all” approach to distinguishing the two, in simplified terms, anything that is not part of a “unit” is…
Construction contract considerations (continued), “free speech” isn’t necessarily so
By Andrea Lusk
Our newest issue of our newsletter, Condo Alert! – Spring 2021, contains Part 2 of our two-part refresher on condo construction considerations (Part 1 – here) and a dismantling of the concept of “free speech”.
Thanks for reading!
Construction Act impact on condo projects
By An Nguyen
On October 1, 2019, the prompt payment and adjudication regime of the Construction Act (the “Act”) came into force to improve payment and cashflow to contractors on construction projects. The changes apply to any contract between a contractor and property owner for the supply of services or materials for any alteration, addition or capital repair…
Parking predicament: a Condo Authority Tribunal first
By Alex Young
The Condo Authority Tribunal’s decision in Rahman v. PSCC 779 is the first of its kind under the Tribunal’s expanded jurisdiction. The case provides a strong warning against condos seeking to unilaterally impose costs against unit owners.
The Tribunal held…
Never mind the ballcocks, here’s the shut-off valve
By An Nguyen
Lozano v. TSCC 1765 was one of our Top 10 cases for 2020 because it reaffirmed that a higher negligence threshold is not applicable for s.105 chargebacks. You can read a summary of the case in our newsletter, Condo Alert!, Winter 2020.
Lozano’s insurer (who paid the insurance deductible) appealed the 2020 decision, asking the Divisional…
Condo litigation records may be produced after litigation ends
By Andrea Lusk
Unit owners occasionally request records about past and current litigation. This can happen in the context of a condo’s AGM, a debate with management or a seemingly benign records request. When is it okay to provide such records?
The CAT…
Snow/ice injury limitation period now in force
By Bob Gardiner
The 60-day limitation period on giving notice of snow/ice injury referred to in s. 6 of the Occupiers’ Liability Act has now come into force, as of January 29, 2021.
The notice of such an injury must include the date,…
Reporting unlicensed short-term rentals
By An Nguyen
We recently blogged about the mandatory registration for short-term rental operators in the City of Toronto. You can read it about it here.
You can now report short-term rental addresses that are operating without registration, not used as a principal residence, unsafe, causing a nuisance or for other non-emergencies, using 311’s online complaint…