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Compliance

Elder Abuse and Removing a Disruptive Occupant

by: Graeme Macpherson |

In a recent decision, the Ontario Superior Court permanently banned an individual from occupying or even visiting a condominium unit due to repeated harassment and elder abuse concerns. The case, YRCC No. 570 v. Edery, underscores the responsibilities of condo boards to ensure resident safety and enforce compliance under the Act. Key Facts Kathryn Edery, […]

Can I BBQ on my Condo Balcony?

by: Rod Escayola |

It’s BBQ season! With it, comes questions pertaining to BBQ safety and neighbourly etiquette.  This is particularly true in condo living and even more so when one lives in a mid to high-rise complex, where occupants have the exclusive use of a balcony. A recurring question is whether BBQs are allowed on condo terraces and balconies. […]

Both tenant and landlord responsible for tenant’s disruptive conduct

by: Rod Escayola |

A recent case out of the Condo Tribunal highlights very important (and costly) lessons for both the owner and tenant of a unit following a chronic pattern of disruptive and aggressive behaviour on the tenant’s part, which unreasonably interfered with the comfort and quiet enjoyment by other residents. Landlords may want to pay attention to […]

Can “pet-free” condos pass a rule allowing cats?

by: Rod Escayola |

An interesting case came out of the Condo Authority Tribunal recently. It dealt with the situation of a condo corporation who had historically not enforced its pet prohibition against cats and who needed to find a way back into compliance. Survey Is your condo pet-free? What pet-related provisions are in place at your condo? Before […]

The CAT evicts its first condo cat (and imposes costs)

by: Rod Escayola |

This blog post could have been titled “The first CAT eviction” but such a title may have lead to some confusion.  Still, in one of its first decision of 2022, the Condo Authority Tribunal (CAT) has evicted its first feline pet (so far, all other pet cases involved dogs). There were a couple of issues […]

Condo Tribunal evicts emotional support dog

by: Rod Escayola |

Ontario’s Condo Authority Tribunal (CAT) issued another decision leading to the eviction of a pet who was allowed to urinate and defecate on a balcony (with waste dripping/falling on the patio below). Of interest, the dog in question was claimed to be an emotional support dog and the owner appeared to seek an accommodation based […]

Using a “Sledge Hammer” to Secure Compliance: A Risky Proposition

by: Editor |

What tools does a Corporation have when an owner refuses to comply with the Corporation’s governing documents? Our avid readers will know that securing compliance can be tricky if not done in a strategic, reasonable and forward-thinking manner. A recent case out of Toronto is a stark reminder of what condos should (and should not […]

The CAT’s New Jurisdiction over Parking

by: Editor |

A recent decision out of the CAT has helped clarify what types of matters corporations and owners can bring to this tribunal. As a brief reminder, the CAT can now adjudicate cases dealing with pets, parking, vehicles, storage, and chargebacks related to disputes over these items. We blogged about the newly expanded jurisdiction of the […]

How Much Time Do Condos Have to Lien a Chargeback to a Unit?

by: Rod Escayola |

In a recent court case, a condo owner challenged a lien registered against his unit, alleging that the corporation was late in registering it and that it ought to have mediated the chargeback prior to registering the lien. In this post, we review this decision and the important lessons it brings. Facts of the case […]

Condo Tribunal Expands Jurisdiction to Deal with Pets, Parking, Lockers and Chargebacks!

by: Rod Escayola |

The Province has announced that, starting October 1, 2020, the jurisdiction of the Condo Tribunal will be expanded to deal with disputes related to: pets or other animals (are there non-pet animals in units ?!), parking, vehicles (there is a long list of what constitutes a vehicle, including bikes, kayak, drones and aircrafts….), storage, and […]