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October 9, 2009 - By Richard A. Elia

CONDOCENTRIC: CASE UPDATE - Conflicts between the Corporation and Unit Owners

In my experience, it is usually in the best interest of a condominium corporation to deal with disputes or concerns with unit owners in an efficient and legitimate manner in order that a determinative outcome will result. The self-help remedies available to unit owners under the Condominium Act, 1998 (the …

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October 9, 2009 - By Richard A. Elia

CONDOCENTRIC: PRACTICE TIPS - Owners' Meetings

Annual general meetings are one of the few times each year (often the only time) that the board of directors and unit owners sit down together to discuss the affairs of the condominium corporation. Some condominium corporations do hold information meetings, others may hold special meetings, but these are exceptions, …

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October 9, 2009 - By Richard A. Elia

CONDOCENTRIC: CASELAW UPDATE - Libel and Slander

"A good reputation is closely related to the innate worthiness and dignity of an individual…" Hill v. Church of Scientology of Toronto [1995] S.C.J. No. 64

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October 9, 2009 - By Richard A. Elia

CONDOCENTRIC: Avoiding The Dispute

When the new Condominium Act (the "Act") came into effect, it imposed upon the condominium community an obligation to mediate, and if necessary arbitrate, in those situations where there is a disagreement with regard to a declaration, by-law or rule. The imposition of mandatory mediation has been resisted to a …

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October 9, 2009 - By Richard A. Elia

CONDOCENTRIC: Conflict In Condominiums: Value-Added?

Value in Conflict?! …Conflict is the struggle that results from incompatible or opposing needs, wants or other demands. As we all know, in everyday life conflict arises in a variety of circumstances: from dealing with the driver who cut you off, to deciding with your kids what to have for …

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October 9, 2009 - By Benjamin J. Rutherford

CONDOCENTRIC: CASELAW UPDATE - Common Expense Collection and Insurance Deductible

YORK CONDOMINIUM CORPORATION NO. 482 V. CHRISTIANSEN (2003 – ONTARIO SUPERIOR COURT OF JUSTICE)

Common Expense Collection: Where a single unit owner owned several units, the court held that while a condominium corporation may only register a lien for common expense arrears against the unit(s) that is/are actually in arrears, …

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October 9, 2009 - By Richard A. Elia

CONDOCENTRIC: A Well Papered File

It is not unusual for the termination of a superintendent to give rise to a dispute; particularly when a superintendent’s suite is involved. We were recently involved in such a dispute when the superintendent couple challenged both termination of both employment and tenancy. To complicate matters further, the superintendent couple …

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October 9, 2009 - By Benjamin J. Rutherford

CONDOCENTRIC: Defending Claims In The Small Claims Court

In today’s litigious age, it seems inevitable that a condominium corporation will eventually be faced, at one time or another, with a claim in Small Claims Court brought by a unit owner, an ex-employee, a contractor, or otherwise. Irrespective of whether the claim is clearly contrived, or whether it is …

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October 9, 2009 - By Jeff Jeffcoat

CONDOCENTRIC: Health & Safety

Jeff Jeffcoatt, P.Eng, RCM is a Registered Condominium Manager and Professional Engineer and is the Condominium Specialist for Construction Control Inc where he heads up the Mechanical & Electrical Department and the Health & Safety Programs. Well known for his teaching for ACMO at Humber College and via the web …

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October 9, 2009 - By Benjamin J. Rutherford

CONDOCENTRIC: New Home Warranties Plan

The Ontario New Home Warranties Plan ("ONHWP") Act (the "Act") and regulations there under, create both warranties with respect to the construction of new homes, and a regime to administer those warranties.

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