Rod Escayola
New Condo Authorities Launch their Websites!
The “new” Condo Act and the new Condo Management Services Act are expected to be implemented in phases over the next few months. While proposed regulations to this legislation are still in draft form, the new “Condo Authorities” expected to be set up just launched their web sites. Have a look! The Condominium Authority of Ontario Ontario is expected […]
Major Changes to Condo Insurance and Repair Obligations
The province of Ontario is in the process of adopting sweeping changes to the Condominium Act. In this post we discuss how the new provisions will drastically change who is responsible to repair (and therefore who is responsible to insure) condominium units. Corporations should consider acting quickly to put in place various protections which may no […]
Condo Managers Will Not Be Able to Solicit Proxies Under the New Condo Management Services Act
You will recall that, earlier this year, the province circulated the draft regulation it proposes to adopt under the new Condominium Management Services Act. We have extensively blogged about this. In this post, we look at the restrictions imposed by this new legislation on the handling of proxies by condominium managers. Whether it is justified or not, […]
A Requisition for a Special Owners Meeting can Lead to a Defamation Case
The ultimate recourse when condo owners are dissatisfied with the board or its decisions is to requisition an owners meeting to remove directors. This process often leads to various groups campaigning the owners to support their position. A recent unreported case reminds us to exercise caution in the context of this democratic exercise to avoid […]
What can Condo Corporations do When Owners Display Signs of Mental Incapacity?
In this post, we discussed two recent cases where the courts have had to make the difficult decision of whether to order a condo owner to have their mental capacity assessed. Interestingly enough these cases led to surprisingly different results. The Ottawa case The Ottawa case originated from a dispute “surrounding” Ms. Sennek’s garden. Literally. She appeared […]
New Mandatory Training for Condo Directors
As part of its revamping of the Condo Act, the province is imposing various additional obligations onto condo corporations, managers and directors. Last month, the Ministry of Government and Consumer Services circulated a new set of draft regulations which further detail some of these new obligations. In this post, we discuss what we know about the […]
New Disclosure Obligations for Condo Directors
We all know that Ontario is revamping its regulation of the condominium industry. As part of the sweeping changes being introduced, the province is imposing mandatory licensing on condo managers but it is also imposing new training and new disclosure obligations on condo directors. In this post, we explore the new mandatory disclosure obligations. Please […]
More Regulatory Proposals for the Condo Industry
The province has issued more regulatory proposals for your review and comments. These ones are less substantive in nature and deal with the mechanics of setting up the various Authorities and the Tribunal which will oversee this new legislative regime. Now is the time to share your opinions… or forever hold your peace! New Proposal to Regulate […]
Can Noise Complaints Lead to the Eviction of a Condo Tenant?
People living in condos have a duty to comply with the corporation’s regulations. Condo corporations, for their part, have a duty to take all reasonable steps to ensure such compliance. But to what extent? Can tenants of a condo unit be evicted because they are causing excessive noise? Or should the corporation let neighbours sort out […]
The Proposed Regulations under the Condo Act Are out for Review – for Real, This Time!
Last week, we advised you that the Ministry of Government and Consumer Services had posted a “plain language” summary of the proposed regulations to be adopted under the “New Condo Act”. Today, the province posted the “legalese version” of it, that is the full version of the proposed regulations. It can be reviewed here. Keep in mind […]