Condominiums and Ontario’s mandatory vaccination regulations
On September 14, 2021, the Ontario Provincial Government released O. Reg. 645/21: Rules for Areas at Step 3 and at the Roadmap Exit Step (the “Regulations”) pertaining to mandatory vaccinations. Many in the condominium industry are asking whether the Regulations...
Bringing a compliance application against a unit owner? Why you should think twice
A condominium corporation which intends to bring a compliance application is generally faced with a dilemma. On the one hand, s. 134(1) of Ontario’s Condominium Act, 1998, S.O. 1998, c. 19 (the “Condominium Act”) permits the condominium corporation to proceed via...
Can board members remove another board member?
“One of our board members has gone rogue – what can we do?” While this is thankfully not a frequent question that we receive, it can be an extremely challenging situation for boards, property management and legal counsel to address....
Who is responsible if the garage door damages my Mercedes?
The garage door closes and a resident’s motor vehicle is damaged. Who is responsible for the damage to the motor vehicle? Is it the resident or the condominium corporation? This question arises all too often in a condominium setting. As...
New house on the block(chain)
Introduction Would you trade your home for a work of art? An art critic might consider it. But what if it wasn’t art you were trading your home for, but Bitcoin? Like artwork, Bitcoin’s value is largely dependent on the...
Client alert: British Columbia Land Owner Transparency Registry
Effective November 30, 2020, the British Columbia Land Owner Transparency Act (“LOTA”) came into force, bringing into existence the new British Columbia Land Owner Transparency Registry (“LOTR”). This is a publicly searchable registry containing names, citizenship and other information of...
Can condo corporations charge back for legal fees?
The Condominium Authority Tribunal’s (“CAT” or the “Tribunal”) recent decision in Peel Condominium Corporation No. 96 v. Psofimis (“Psofimis”) should bring relief to condominium corporations across Ontario. In Psofimis, CAT awarded the corporation the legal fees it incurred pursuing enforcement...
The benefits of special assessment insurance
Condominium unit owners have ownership interests in their units together with an undivided interest in the common elements. These common elements generally include, but are not limited to, the lobbies, hallways, recreational rooms and parking garages of the condominium. In...
Condo declaration can limit uses of a unit
A condominium’s declaration can include restrictions on the uses that may be made of a unit. In residential developments, this usually takes the form of “single family use” to prevent short-term rentals. Commercial developments often use declarations to prohibit certain...
Can condo corporations’ charge back costs without a finding of negligence?
In tort law, a finding of liability typically requires a finding of fault. The Divisional Court has recently confirmed that when it comes to a unit owner’s liability under s. 105 of the Condominium Act, no finding of fault is...
