Article Library
COVID-19 Bulletin No. 4 - Part 2: Collections
Since our Bulletin of March 18th concerning the collection of common expenses, many ideas have been circulated around how the process for collecting unpaid common expenses should be addressed.
…COVID-19 Bulletin No. 4: Collections
As the Land Registry Office and banks remain open at the time of writing, the Law Society of Ontario has suggested that real estate transactions should close as scheduled. However, in the event that a party becomes unable to close for a reason relating to COVID-19, lawyers have been encouraged to cooperate with each other, …
COVID-19 Bulletin No. 3: Immediate Protocols To Be Implemented By Condominiums
Condominium corporations are the “fourth level of government” and have a statutory obligation to take reasonable steps to protect all persons on condominium property from foreseeable harm and dangerous conditions as per the Occupier’s Liability Act and the Condominium Act. As the window to flatten the COVID-19 curb …
COVID-19 Bulletin No. 2: Immediate Actions To Be Taken By All Condominium Corporations
Restrictions imposed by the Federal, Provincial and Municipal governments in response to the COVID-19 pandemic have required that Canadians immediately change our way of life; however, few condominium corporations have taken action in response to the COVID-19 pandemic.
…COVID-19 Bulletin No. 1: Preventative Measures and the Protection of Vulnerable Populations within Condominium Communities
On Wednesday, the World Health Organization declared to the eruption of COVID-19 as a pandemic, which can have serious health consequences and be fatal for the elderly and individuals with underlying medical conditions.
…Removing A Harsh Penalty For Non-Compliance: YRSCC No.1206 v. 520 Steeles
The modern era of the Condominium Act has brought about numerous decisions from the Courts which emphasize the consumer protection nature of the Act. However, there remain certain older decisions which interpret the words of the Act strictly, leading to potentially harsh results to the consumer.
…Condo Residents Have No Expectation of Privacy in Parking Garages, and Low Expectation of Privacy in Hallways
The Ontario Court of Appeal has recently affirmed, on December 2nd 2019 in the case of R. v. Yu, 2019 ONCA 942 (“Yu”), that condominium residents have significantly diminished privacy rights in the common elements.
…The Importance Of Experts Reports
On January 31, 2020, the Ontario Court of Appeal released its decision in MTCC No. 1100 v. A.G. Shanks Plumbing and Heating Limited. In this case, the MTCC No. 1100 claimed damages arising out of a fire that destroyed a historic mansion, which was part of a condominium development in …
January 2020: Small Claims Court Damages Increased
Starting January 1, 2020, the monetary jurisdiction in the Ontario Small Claims Court, has been increased from $25,000.00 to $35,000.00 under O. Reg. 626/00.
…Ontario Superior Court Enforces CAT Order For First Time
With the arrival of a new year and a new decade, came a new ruling from the Ontario Superior Court of Justice, confirming that an Order by the Condominium Authority Tribunal of Ontario (the “CAT”) can be enforced by the Superior Court – and full indemnity legal costs …
