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Year: 2019

Can I BBQ on my Condo Balcony?

We’ve finally hit 20 degrees in many parts of the province… about a month later than last year. With the summer season finally upon us, so is the barbecue season. With it, come questions pertaining to BBQ safety and neighbourly etiquette.  This is particularly true in condominium living and even more so when one lives […]

Do Police Need a Warrant to Investigate on Common Elements (Part II)

In this series of posts, we are exploring the question of whether condo corporations can (or should) assist police in the context of an ongoing investigation. In our prior posts, we reviewed two cases where police entered onto common elements for the purpose of their investigation. In the White case, the police entered and hid onto common […]

Should Condo Owners Vote on Changes to Common Elements?

A recurring question from our readers is whether condo owners are required to vote on a renovation project. Aside from the more important question of whether they should be consulted or informed (yes, they should), the legal question is whether consultation is mandatory and, if so, what is the level of support required for the […]

2019 Ottawa Condominium Conference – 3 Directors for the Price of 2

As we enter that special Canadian time of year where we keep getting teased with Spring weather, that can only mean one thing: the annual CCI-EO/ACMO Conference in Ottawa is around the corner! This year, the conference is being held on May 11, 2019. Like last year, the conference is taking place on a Saturday in […]

Lexology Legal Influencer Award

Lexology has recently announced its Content Marketing Awards. We’re delighted to announce that our own Rod Escayola was recognized as a Legal Influencer and Gowling WLG, as a Thought Leader for the first quarter of 2019. Gowling WLG has received this recognition for the last three consecutive quarters! These awards recognize authors who consistently provide Lexology […]

When Neighbourly Disputes Get Out of hands

I was recently asked by CBC to comment on a war-of-the-roses type of dispute between neighbours. This non-condo court case playing out of Kingston involved two former neighbours who were suing each other for damages. It all started when, after a confrontation between the two neighbours, one of them tried to […get ready for this one…] […]

Do Police Need a Warrant to Investigate on Common Elements (Part I)

The Toronto Star recently covered an interesting story involving Toronto police having installed a covert camera in the hallway of a condo corporation to assist in their investigation. They did so without a warrant but with the board’s permission.  This piece raised privacy concerns, which lead us to ponder on the duties, rights and obligations […]

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 […]