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…
Q & A from Our Battle of the Proxies Seminar
We were unable to respond to all of the on-line questions submitted at our Battle of the Proxies Seminar. Here are those questions and our answers. Q: What about proxies that come in after the mentioned deadline time? A: The…
Denise Lash and Barbara Holmes in CM Magazine
In the latest issue of Condominium Magazine, Denise Lash and Barbara Holmes discuss the importance of condominium corporations periodically reviewing their bylaws. Bylaws put in place by developers are generally “one size fits all.” As such, they may not satisfactorily deal…
Court Declares Lien Against Condo Unit Invalid
In a recent case, Pearson v. CCC No.178, the court considered whether a condominium corporation could recover as common expenses the legal costs it incurred for legal advice related to the defence of Small Claims Court actions commenced by an…
Denise Lash Quoted in Canadian Lawyer InHouse Magazine
In the latest issue of Canadian Lawyer InHouse Magazine, Denise discusses the deficiencies in glass condos and says consumers may be unduly deterred by the idea of disposable glass-walled buildings. Experts are working on improvements to insulation in glass wall systems,…
"Since 2010, the Fodden Award has been the Clawbies’ top honour for Canadian legal commentary, recognizing a single, outstanding publication. This year, our “best of the best” award goes to…The Lash Condo Law Blog
From timely advice to evergreen guidance, with an approachable, accessible style, the Lash Condo Law Blog has it all. We’re hard-pressed to find a better current example of a law firm blog that people will actually want to read. (Funny accompanying images help, too!)
Denise Lash and her colleagues write in an engaging and enjoyable way that is surprisingly rare these days, and their COVID content was particularly invaluable in 2021.” — 2021 Clawbies