Short-Term Rental By-law: LPAT Hearing Update
In late 2017, the City of Toronto (the “City”) approved recommendations to create a new zoning by-law regulating short-term rentals. The by-law was intended to take effect in June 2018 but was appealed at the Local Planning Appeal Tribunal (the...
Back to Basics: What is a Common Element Condominium Corporation?
“Back to Basics” is a new series that will appear regularly and examine common, but rarely considered, issues. The option to create different types of condominium corporations was first introduced by the Condominium Act (the “Act”) in 1998. Once the...
Assigning Responsibility for Remediating Mould
Repair and maintenance obligations are split between unit owners and the condominium corporation. The Condominium Act requires the corporation to maintain and repair the common elements. In general, unit owners are responsible for repairs to their own units and for...
Brought Back from the Dead: Planning for Overdoses and Heart Attacks
A June 2019 Government of Canada report describes a disturbing trend of rising opioid-related deaths in Canada, a situation it called an opioid crisis. High-rise condominiums face unique challenges when planning for medical emergencies such as overdoses and heart attacks....
Unwelcome Conduct: Key Takeaways from Friend Decision
Special thanks to Sarah DeGenova who assisted with the preparation of this article. In a recent case, the Ontario Superior Court of Justice provided guidance on the duties that Boards of Directors (“Boards”) and Property Managers have to protect workers...
More Homes, More Choice… More Density: Ontario’s housing plan takes effect
Addressing supply-side economics, the province approves plans for Toronto’s Downtown and Yonge-Eglinton areas and Bill 108 comes into force. On June 6, 2019, Bill 108, referred to as the More Homes, More Choice Act (the “Bill”), was passed by the...
Gender Inclusive Facilities
A recent decision of the Ontario Human Rights Tribunal (the “Tribunal”) has provided insight as to who can be held responsible to ensure that common element facilities are inclusive. The applicant, a condominium unit owner, raised the issue of discrimination...
More Homes, More Choice Act, 2019: What will Bill 108 do to Ontario’s Planning and Development Regime?
The Ontario Government’s introduction of More Homes, More Choice Act, 2019 (“Bill 108” or the “Bill”) will significantly change how planning and development decisions will be made, opposed, reconsidered and ultimately adjudicated upon. Bill 108 restores key elements of the...
More Homes, More Choices: Bill 108 and Ontario’s Housing Supply Action Plan
Revisions to the Land Use Planning Regime in addition to Purely Housing Related Proposals On May 2, 2019, Ontario’s Minister of Municipal Affairs and Housing introduced new legislation under Bill 108, referred to as the More Homes, More Choice Act,...
Disclosure to Purchasers in Ontario Condominium Developments: A Recent Court of Appeal Decision and Legislative Amendments Already Addressing the Issue
To enable informed decision-making in the condominium market, the Condominium Act, 1998 (Ontario) (the “Condo Act”) imposes upon “Declarants” (the builders of new condominiums who are responsible for registering the declaration and description that will govern the property) the obligation...
