The Value of Committees in Condominiums

Amongst the common issues and themes raised at annual general meetings are (1) owners feeling they are not sufficiently engaged and informed about various issues in the building and (2) owners getting frustrated with the lack of progress on issues…

Breach of Condominium Rules: Things to Consider When Bringing a Compliance Application

A recent case before the Superior Court of Justice has provided the Court with an opportunity to canvass the law with respect to compliance applications. In MTCC No. 933 v. Lyn (2020) ONSC 196, a resident began to experience excessive…

Condo Developer Unsuccessfully Attempts to Terminate Pre-construction Purchase Agreement and Keep Deposits

In a recent case (Lucas et al v. 1858793 Ontario Inc. o/a Howard Park et al., 2019 ONSC 7402), a condo developer was unsuccessful in its attempt to terminate a pre-construction agreement of purchase and sale and keep the deposits. Background…

Offers to Settle in Condo Litigation

In a previous post, we discussed the high costs of ignoring a CAT order in a recent court decision. Here, we focus on offers to settle in litigation. Rule 49.10 of the Rules of Civil Procedure deals with cost consequences for…

Lack of Notice No Longer Fatal to Condo Claims – Fresh off the Press

Condo corporations are unique statutory creations with certain rights, abilities, and obligations, including commencing lawsuits. Subsection 23(2) of the Condominium Act requires written notice be given to the all owners in the corporation’s record of owners before commencing an action.…

Condo As-built Drawings – Court Decision

The first board of directors of newly registered condo corporation, will often be faced with many tasks that follow once  the turnover of  the condominium corporation from the declarant to the unit owners takes place. One item that sometimes is…

CAI Canada – Insurance Luncheon Seminar- January 29th

CAI Canada is holding a luncheon seminar Condo Insurance in 2020 and Beyond- How Can We Be Protected next Thursday January 29th, 2020 at Parkview Manor 55 Barber Green Road, Toronto click here for more information.  

Are legal fees recoverable from unit owners? A recent court decision

Amlani v. York Condominium Corporation No. 473, a recent case of the Superior Court of Justice, has created buzz within the Ontario condo community. The case revolves around the conduct of a condo corporation in addressing smoke migration, the Corporation’s…

Non-Compliance with CAT Order Costs Condo

A condo corporation is on the hook for almost $47,000 due to its failure to comply with a CAT order. In the underlying CAT decision, the unit owner requested 10 core records of the Corporation, including the owners list which…

Condo Corporation 2020 to do list

The new calendar year brings lots of excitement, opportunities, and a sense of renewal for condominiums. At this juncture, we provide a few safeguards and due diligence practices for Boards and condo managers to consider. While this list is nowhere…