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Year: 2019

Must Condos Making Renovations Implement Accessibility Measures?

Staying on top of accessibility issues can be a challenging task. There are many factors to juggle and many important rights to balance against one another. On top of all of this are the obvious financial  and logistical concerns that can accompany making a building accessible. One worry that some corporations may have is, if they […]

Soldier Ordered to Take Down Canadian Flag from Condo Unit

This past week, a high-ranked soldier was ordered to take down the Canadian flag and pole affixed to his condo unit. Naturally, social media lit up over this, mostly with reactions of shock at such an unpatriotic demand – condo boards and managers are rarely seen as the good guys. Emotions aside, this leave us with […]

Court Approves a Borrowing By-law Despite the Absence of a Majority Supporting it

A very short, and somewhat puzzling, decision was issued in January 2019, which appears to change the level of support required to adopt a condo by-law. The decision appears to have been rendered on an uncontested basis, which may explain the outcome.  This blog post is about the LaFramboise v. YCC No. 365 case. As I read […]

Court Orders Owner to Enter into a Section 98 Agreement

In my last post, I blogged about a case where the court sided with the owners after having found that the condo corporation treated them unfairly in the context of a dispute involving modifications to common elements. Again, in Durham Condominium Corporation No. 43 v. Bradley, the court had to deal with a dispute involving […]

Interview on Disputes Between Neighbours

Rod Escayola was interviewed by CBC on an odd case being played out of Kingston. This non-condo court case involves two former neighbours who are suing each other for damages. It all started when, after a confrontation between the two neighbours, one of them tried to  set  the other’s house on fire in the middle […]

Disclosure Statements: Say it Right and Say it Clearly

When purchasing a condominium unit, it is absolutely vital that you know what exactly it is you are getting yourself into. Accordingly, the Act imposes specific disclosure obligations onto declarants attempting to sell a unit. This is done through section 72 of the Condo Act. In the same vein, section 74 of the Act provides […]

Are Condo Owners Entitled to Access the Owners’ Email List?

A recent court decision ordering a not-for-profit organization to disclose the email addresses of its members caused quite a stir in condo land this past week. This brings us to revisit a recurrent question: Are condo owners entitled to access the list of email addresses of other owners? In case you are pressed for time, let […]

What Documents Must be Included with the Periodic Information Certificate?

Most are already familiar with the requirement to send out Periodic Information Certificates (PICs) to condo owners in Ontario.  PICs must be sent twice a year (thankfully down from the initially contemplated 4) and must be prepared in accordance with regulation.  Thankfully, the province of Ontario has made things easier by issuing the form to […]

Refusing to Allow Modifications to Common Elements Can Amount to Oppression

The Condominium Act prevents condominium corporations from treating unit owners unfairly and differently from the rest of the owners. This obligation is found under section 135 of the Condominium Act (the oppression remedy). In Noguera v. Muskoka Condominium Corporation No. 22, the Corporation and its board of directors learned that not complying with such obligations […]

Upcoming Events and Learning Opportunities: February/March 2019

Are you looking for networking opportunities or to get more knowledgeable on condo matters? Here is the list of the known condo training and networking events for February and March in Ontario. Each of these offers a unique opportunity to gain condo knowledge and to meet with other like-minded condo-driven individuals.  Read on to find an event near […]