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Graeme Macpherson

Smoking in condos does not always amount to nuisance

While lots of condos have become smoke free, many either don’t regulate smoking or granted legacy rights to existing smokers. The result is that, when owners complain about smoke in their units, both sides rely on their nose to argue that the other side is wrong about the degree of nuisance. In a recent case, the CAT ruled on whether a “sniff test” constituted an adequate investigation into a smoke complaint.

Are “Owners’ Handbooks” Enforceable?

Many condo corporations set out their rules in “owners’ handbooks” or  “guidebooks” that are passed down from board to board. In many cases, how and when these “rules” were adopted is lost to history. This can cause significant challenges to condos when it comes time to enforce these rules or, as in a recent court […]

Frosty the Boardman (Ode to CondoLand)

Here we are, reaching the end of another year! As most are winding down for the season, we offer our traditional Christmas blog post! As we have done these last few years, we offer to revisit a Christmas classic and adapt it to CondoLand. This year, we present our version of the well-known song Frosty […]

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 […]