Year: 2015
Welcome to Our Brand New Blog!
We are truly very excited to launch Gowlings’ blog on condominium law: the Condo Adviser. We have designed this blog, both in look and content, to be sleek, modern, uncluttered and very easy to use. We aim to provide you with a one-stop shop where you can get timely and reliable advice on all of […]
Condo Owners Must Pay for the Unlawful Conduct of Their Directors
Who should pay the bill when condominium directors act unlawfully and take justice in their own hand? According to the Court of Appeal it may be the owners having elected them! We blogged already on the Ottawa case where condominium directors were found to be in contempt of court when they decided to ignore a […]
Conflict of Interest: Better Safe Than Sorry
With ethics and governance being such a hot topics in the corporate and political world, you won’t be surprised to hear that condominium corporations are no stranger to these concepts. Directors must be conscious of the standard of care expected from them and of the risk of conflict of interest. Sections 40 and 41 of […]
A Settlement to Accommodate a Disability Must Be in Writing
John Taite and his Ottawa condominium corporation were back before the Human Rights Tribunal recently. The take away this time is that, if you are going to reach an out-of-court settlement, you better put the agreement in writing. This is true in any litigation but is actually required if you want the Human Rights Tribunal […]
Update on the Condominium Act Review
In September 2013, the Ontario government, in conjunction with Canada’s Public Policy Forum, published a working paper on changes to the Condominium Act of Ontario. The current Condominium Act in use in Ontario was prepared in the late 1990s and brought into force in 2001. It is widely held that a review of the Act […]
Ontario Allows Six-Story Wood-Framed Buildings
Since January 1st, 2015, Ontario allows for the construction of much higher wood-framed buildings. Through changes to the Ontario Building Code, wood-framed buildings are now allowed to be built up to six-storey high, raising the limit from the prior four-storey limit. According to a press release from the Ministry of Municipal Affairs and Housing, this […]
Can Condominiums Serve Their AGM Package by Email?
We are often asked whether condominium boards can send their AGM package by email rather than sending a hard copy by regular mail as it is often the established practice. Subject to the conditions presented below, boards are free to use email when sending notices to owners. The package for a condominium’s annual general meeting (“AGM“) generally includes […]
How to Fill a Vacancy on a Condo Board of Directors
At each annual general meeting (“AGM“), owners usually elect a certain number of directors for a fixed term in accordance with the corporation’s declaration and by-laws. However, during his or her mandate, a director may decide to resign, resulting in a vacancy on the board. We are often asked how the board can fill this […]
Condo Directors Found in Contempt and Fined
In a recent decision, the Ontario Court of Appeal fined condominium directors for having breached a prior court order. This decision is the culmination of a 3-year legal saga over the landscape of a condominium courtyard. In 2011, the board had to remove the landscape outside of the complex to perform extensive repairs to the […]
Amending a Condominium Declaration Is Not an Easy Task
Condominiums and its owners are governed by the Condominium Act but also by the condominium’s governing documents. These governing documents (the declaration, the by-laws and the rules) are part of hierarchy of internal governing documents, with the declaration on top of the pyramid, followed by the by-laws and with the rules at the bottom. Because […]