Status Certificate Liability – Cost Ramifications

In a previous blog post, we reviewed the Court of Appeal’s decision in Orr v. MTCC 1056, where the condominium corporation and a unit purchaser’s lawyers were found equally liable to the purchaser for damages for negligent misstatement and negligence,…

Electronic Signatures Permitted in Ontario Real Estate Documents

Effective July 1, 2015 an amendment to the Electronic Commerce Act makes it legal for parties to sign agreements of purchase and sale and other documents that create or transfer an interest in land by way of electronic signatures. It…

Enforcing Pet Restrictions in Condominiums

Many pet owners who have breached the pet restrictions in their condominium documents will go to great lengths to keep their pet when the condominium corporation takes steps to enforce these restrictions. In California one pet owner went to the…

Developer’s Liability for First-Year Budget Deficit

A recent decision by the Ontario Superior Court, which dealt with the developer’s liability for the first-year budget deficit, will be well-received by condominium board members and owners. Section 75 of the Condominium Act (the “Act”) provides that the condominium…

Bill 106 Highlights – Dispute Resolution

As noted in a previous blog, Bill 106 contemplates that a Condominium Authority Tribunal will be set up to provide dispute resolution services for disputes primarily between condominium corporations and owners, occupiers and mortgagees of a unit, and between owners.*…

Bill 106- Tarion Warranty Coverage for Conversion Projects

With the recent introduction of proposed amendments to the Condominium Act (Bill 106) at Queen’s Park, the industry is abuzz about many exciting changes. One important proposed amendment is the Tarion warranty coverage for conversion projects. A conversion project is a condominium…

Bill 106 Highlights – The Condominium Authority

As we noted in a previous blog, Bill 106, Protecting Condominium Owners Act, 2015 is the proposed new condominium legislation, which will substantially revamp the existing Condominium Act. This is the first in a series of blog postings that will…

Proposed Changes to the Condominium Act Just Released

On May 27, David Orazietti, the Minister of Government and Consumer Services, officially introduced Bill 106, Protecting Condominium Owners Act, to the Legislative Assembly. The proposed legislation will increase protections for condominium owners and regulate the management of condominiums. The…

Condo Directors’ Liability for Legal Fees Relating to Contempt of Court Reduced by Court of Appeal – Boily Case Final Chapter?

The last time we wrote about the notorious Boily saga, the Ontario Court of Appeal had reaffirmed a lower court’s finding that the directors of an Ottawa condo corporation had acted in bad faith and were in contempt of court…

New Training Requirements for Construction Projects

Condominium corporations undertaking construction projects should be aware of their obligations pursuant to the Occupational Health and Safety Act and, specifically, recent amendments to the regulation requiring occupational health and safety awareness training. The regulation imposes obligations on “employers” for…