In a recent landmark decision, HSCC No. 627 v. Grandview Living Inc., the Ontario Superior Court of Justice ruled that a condominium corporation could not terminate a contract pursuant to section 112 of the Condominium Act (the “Act”) without the…
Update on Government Independent Review of Tarion Warranty Corporation
The Ontario Government has provided more details about the independent review of the Tarion Warranty Corporation and the Ontario New Home Warranties Plan Act, which was announced last November. The Honourable Douglas Cunningham, the government-appointed reviewer, is to provide a…
The Perils of High-Rise Living – Decreased Chances of Surviving Cardiac Arrest
A study published in the Canadian Medical Association Journal concluded that the higher you live in a building the lower your chances of surviving cardiac arrest (if you suffer cardiac arrest at home). The research was based on 7,842 cases…
Resilient Communities Ontario
Lash Condo Law is thrilled to be involved with the launching of Resilient Communities Ontario (RCO) a new non-profit association of Property Management Professionals and Industry experts, which was formed out of the need for communities in Ontario to take…
Condo Board Meetings in Mandarin Prompts Human Rights Complaint
A group of condominium unit owners in Richmond, B. C. have filed a complaint with the British Columbia Human Rights Tribunal, claiming that they were being discriminated against because the condominium board decided that all board meetings would be conducted…
Condominium Corporations Must Act Reasonably in Enforcing Compliance with Condominium Documents
An Ottawa condominium corporation recently found that it was unable to recoup all of its legal costs incurred in seeking a compliance order against a unit owner and her resident son. There had been a 25-year history of incidents…
Another Owner Successfully Sues Condo Corp. for Oppression
In a prior blog post we noted that in walkable neighbourhoods in the downtown core, many condo unit purchasers are opting not to purchase a parking unit, as a car is not a necessity in such neighbourhoods. In other condominiums,…
Looking Back at Condominium Law in 2015
As we are quickly approaching a new year, we’ve taken a look back at the condominium legal landscape in Ontario over the past year. As usual, it has been an interesting year. Here’s our list of the some of the…
Condo Corporation Unfairly Disregards Unit Owner- “Pay and Display” Parking
A dispute about whether commercial parking units in a condominium could be operated on a “pay and display” hourly basis, led a unit owner in Ottawa to commence an application under section 135 of the Condominium Act (the “Act”) for…
Who Gets the Deposit When an Agreement of Purchase and Sale Ends?
In a recent case, the purchaser of a condominium unit was successful in getting a court order compelling the vendor/developer to return the deposits paid by the purchaser, after the transaction failed to close. The purchaser agreed to purchase a…
