Now that summer is here many condo residents are enjoying the use of swimming pools which form part of the common facilities available for use by the residents of the condominium. A recent case by the Ontario Human Rights Tribunal, Pantoliano v. MTCC No. 570 and YCC…
83 Redpath Named Toronto’s Best New Residential Condominium Building
The 2012 Pug Awards have named 83 Redpath at Yonge and Eglinton Toronto’s best new residential building. Current units for sale at 83 Redpath range from $329,900 to $659,900. Since 2004, the Pug Awards have invited the public to vote…
Condominium Case Review for 2012
As we’re quickly approaching a new year, we’ve taken a look back at the condominium cases that were reported in 2012. As usual, its been an interesting year and for many on the losing side of these court decisions (and sometimes also for…
Prohibiting Dangerous Offenders in Condos
In the U.S. steps have been taken recently by some condominiums and homeowner associations to ban sex offenders from their communities by amending their Declarations. Their motivation in doing so is to protect children but also to ensure that the…
Common Expense Default
Can owners withhold their common expenses if they are engaged in litigation with the Corporation? In a recent case, Carleton Condominium Corporation No. 396 v. Burdet, the Court of Appeal confirmed that common expenses are payable, even if there is…
No-Pet Clauses in Rental Condominium Leases
Following on the heels of Heenan Blaikie’s condominium group’s recent seminar “It’s Raining Cats and Dogs”, the Toronto Star has weighed in on the always controversial issue of no-pet clauses in leases: Under the law, you can’t prevent a tenant…
Condominium Act Review and Public Consultation
The Ontario government recently announced that it would be undertaking a review of the Condominium Act and public consultation with condominium community stakeholders, including owners, residents, developers and property managers. A number of issues of concern were identified: Consumer protection for condominium buyers…
Enforcement of Condominium Documents: Do Fines Help?
Will fines induce a breaching owner to comply with the condominium documents? Condominium corporations in Ontario are not permitted to fine owners who breach the condominium documents. Fines are, however, permitted in many U.S. states and also in British Columbia.…
Does the Limitations Act Apply to Breaches of the Condominium Act?
In a recent decision of the Ontario Superior Court, an owner who modified an exclusive use common element without authorization was found to have breached the Condominium Act. Furthermore, the Limitations Act – which generally gives an applicant only two…
Should violent Condo Owners be forced to sell and leave?
In a recent decision, the Superior Court of Justice was once again asked to determine whether a condominium owner should be forced to move out and sell her unit as a result of her violent and inappropriate conduct towards other…
