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Graeme Macpherson

CCI (Eastern Ontario) Condo Conference on November 4!

The  CCI (Eastern Ontario) Condo Conference is finally returning!…. and in person! This is a one-stop event! Come meet and network with your local condo community, your condo leaders and service providers! Amazing lineup (if we may say so ourselves) tackling relevant and timely topics such as enforcement, CAT decisions, reserve fund studies, how to […]

What is a condo corporation required to do when an owner complains of noise from another unit?

A decision dealing with a noise complaint between units was recently released by our courts. The facts are as you would expect them: unit below complains of noise from unit above. The unit below sued the condo corporation (but not the owner above).  Ultimately, the question in this case was: what are the obligations (and […]

Can the City Assist Condos in Short-Term Rental Bans?

Some major municipalities in Ontario, including Ottawa and Toronto are (or already have) implemented municipal By-laws governing short-term rentals in the cities. These by-laws do a number of things: They define what constitutes a “short-term rental” (less than 30 consecutive nights in Ottawa and less than 28 consecutive nights in Toronto); They mandate that short-term […]

‘Twas the Night Before Christmas (in CondoLand)

[Editor’s note : Our traditional Christmas post was drafted just a short while ago, when we all hoped for a more inclusive and festive holiday period.  As we’ve seen far too often over the last 20 months, however, the situation is fast changing on us, with more measures being required to slow the spread of the […]

Condo owners cannot dictate when to change the windows

In a recent decision, the Superior Court shed some light on the extent to which a condo owner can dictate when and how the corporation is to maintain, repair and replace common elements. Specifically, this owner was unsatisfied with the perceived delay in changing some of his unit windows and brought the corporation to court, […]

Pets, Parking and Storage? The CAT’s jurisdiction may go further than you think!

As we all know by now, in October 2020 the Condominium Authority Tribunal (CAT) increased its jurisdiction to cover disputes related to pets, parking and storage on top its usual jurisdiction over records requests. Since then, it has been interesting to see just how far the scope of this new jurisdiction goes. A recent case […]

Can the CAT evict your dog?

As many of our readers know, on October 1, 2020 the Condominium Authority Tribunal (also known as the CAT),  expanded its jurisdiction beyond records requests. The CAT now handles disputes relating to pets, parking, storage and lockers (and chargebacks related to these). This is a relatively new change, and, as such, many of us were […]

Can you Enforce a Policy the same way as a Rule?

The CAT recently released a very interesting case with a lot of useful information packed into it, including some guidance on when a board policy really ought to have been a rule. Let’s dive right in! Facts of this case The owner in this matter lived in her unit for ten years. She had several […]

Ex-Owners Are Not Entitled to Access Records of the Condo Corporation

A recently released decision from the Condominium Authority Tribunal (CAT) shed some light on an interesting question: can someone who ceases to be a condo owner still be entitled to access the records of the corporation or is this a privilege only available to current owners? The case In Baljak v HCC 371, an owner commenced […]

Ontario Extends the Period Allowing Virtual AGMs, Electronic Notifications and Remote Board Meetings

As many of our readers know, in response to the COVID-19 pandemic, the Provincial Government had amended the Condominium Act to allow corporations across the province to hold their AGMs virtually, even without a bylaw permitting it. However, as the state of emergency was ended on July 24, 2020, this exception period was scheduled to end […]