Month: October 2019
The 10-Day Countdown to Condo Liens is Not as Simple as it Sounds
The decision of CCC 476 v Wong, 2019 ONSC 4207 released this past summer has provided some clarity around an issue that most people may not have realized was even an issue… counting to 10. Stay with me here. As many of our readers will know, one of the most effective tools that condo corporations have […]
Ontario’s Small Claims Court Raising its $$ Limits
Effective January 1, 2020, the Government of Ontario has raised the monetary threshold for Small Claims Court from $25,000 to $35,000. This means that, as of that date, monetary claims of up to $35,000 will have to be brought to Small Claims Court. Anything above that amount will continue to be adjudicated by the Superior […]
Condo Declaration May Not Impose an Obligation to Lease Parking in Perpetuity
In a recent decision, a judge ruled that a provision in a condo declaration which imposed on the corporation an obligation to lease back parking spots in perpetuity is unenforceable, against public policy and against the Planning Act. The condo corporation was permitted to terminate the lease. Facts of this case This case involved a dispute […]
Condo’s Legal Bills Sent to be Assessed
A recent court decision, Temedio v NNCC No. 6, reminds condominium corporation to be reasonable and measured when enforcing their rules and warns against excessive legal fees charged to owners. This case, provides some useful insight into the situation that unfortunately, many owners find themselves in: being asked to pay their condominium’s legal bills when they breach the rules. […]