Denise Lash Quoted in the Toronto Star

Purchasers who put down pre-construction deposits for the Kingsclub condo complex on King St. W. were surprised to learn that Urbancorp is cancelling the project. Urbancorp is planning to build three towers of rental apartments instead. This is the second…

Initial Board Allowed to Limit Developer’s Liability – Recent Court of Appeal Decision

Can the initial board of directors appointed by a condo developer turn around and insulate the very same condo developer from liability if, say, the common elements are constructed deficiently? In a recent decision that is bound to upset current…

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…

Disqualifying a Director Who Has Violated the Directors’ Code of Ethics

A condo corporation found itself in court (Gordon v. YRCC No. 818) after the Board had disqualified one of the directors on the basis that he had breached the Directors’ Code of Ethics. The Corporation’s By-law No. 9 provided that…

Pet Owner v. Condominium Corporation – Another Court Case

In a recent Alberta case, Condominium Plan No. 762 1302 v. Stebbing, the condominium corporation was unsuccessful in its attempt to have a cat removed from the property.  The condominium by-laws provided that no animal or pet was permitted without…

Using Trade Names, Logos and Slogans

Many condominium corporations use the trade name, logo and/or slogans of their condominium site that was originally marketed by the developer. Whether the use is on a sign, newsletter or website, the right to use that name, logo or slogan…

Initial Board Allowed to Limit Developer’s Liability – Recent Court of Appeal Decision

Can the initial board of directors appointed by a condo developer turn around and insulate the very same condo developer from liability if, say, the common elements are constructed deficiently? In a recent decision that is bound to upset current…

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…

Selling Condo Superintendant Suite

Many older condominium corporations may have a superintendent suite which is part of the common elements and which may not be used for a superintendent.  I recently was contacted by a condominium corporation which had been leasing the suite pursuant…