Rod Escayola
Bill 106 Passed Second Reading and Was Sent to Committee
Finally! After more than 10 hours of debate in second reading at the Ontario Legislative Assembly, Bill 106 (an Act to amend the Ontario Condominium Act and other related legislation) passed second reading. This Bill has now been referred to the Standing Committee on Finance and Economic Affairs. What is interesting about the conclusion of […]
Changes, Maintenance and Repairs Under the ‘New Condo Act’
Some of the most important changes proposed in Bill 106 (which is the proposed legislation aimed at amending our Condominium Act) deal with the responsibilities and obligations related to changes, maintenance and repairs of units and of common elements. Indeed, if the proposed legislation passes, the responsibility to repair a unit after damage may no longer fall on the corporation […]
Second Reading of Bill 106 (To Amend the Condo Act): The Beat Goes On…
For those of you wondering where Bill 106 presently stands in the Ontario Legislative Assembly, it is still being debated in second reading. You will recall that the Bill was first tabled on May 27, 2015. The Bill was tabled for second reading on September 15 by David Orazietti, the Minister of Government and Consumer […]
Should Condominium Corporations Indemnify a Rogue Director Who Has Been Ordered to Pay Costs?
For those following the case opposing a Durham condominium corporation to its former director Leslie Swan, the Court of Appeal has issued its decision on question of costs. Unfortunately, we will have to wait a while longer before we find out who gets to pay the piper, as the Court of Appeal has referred the question of costs back […]
The ‘New Condo’ Act Moving Through Second Reading
You will certainly recall that Bill 106 (the Act to amend our 1998 Condominium Act and to enact other condo-related legislation) was introduced to the Legislative Assembly of Ontario for first reading on May 27, 2015. After the dog days of summer, Queen’s Park has resumed its work this week and the ‘new Condo Act’ is high […]
Deadline to Install Carbon Monoxide Alarms in Condominiums
Time is running out. By October 15, carbon monoxide alarms will be required near all sleeping areas in Ontario’s residential homes with a fuel-burning appliance or fireplace or which are adjacent to a service room with such appliances or adjacent to a garage. Condominium corporations (as opposed to unit owners) are likely ultimately responsible for the installation, testing and maintenance […]
The “New Condo Act” Will Significantly Affect the Calling of Special Owners’ Meetings
Bill 106 (the bill presenting changes to the existing Ontario Condominium Act) proposes significant changes to the process by which condo owners can requisition and force the holding of a special owners’ meeting. This post will focus on this. The process under the existing Act As it presently stands, owners can requisition an owners’ meeting […]
Condo Directors Must Be Willing to Compromise and Find Solutions
You may recall our blog on the Ballingall decision, released in April. This case dealt with the enforcement of a single-family provision in a condo declaration. In its decision on costs, released on August 14, 2014, the Court of Justice reminds condo directors that they must be willing to compromise and work with all owners who have legitimate […]
How Will the “New Condo Act” Affect the Calling and Holding of AGMs?
As part of our review of the proposed changes to the Condominium Act, this post will focus on how Bill 106 would affect the calling and holding of condos annual general meetings (“AGMs”). Mandatory advance notices of AGMs If the Bill is adopted as drafted, the province of Ontario would require condominium corporations to provide […]
How to Remove a Condo Director Who Is Acting Unethically
We are often asked what can be done about a rogue director or about a director who acts unethically. This question sometimes comes from other directors and often from dissatisfied owners. The traditional way of removing a director is either to get elected in his/her place at the end of his/her term or to have the […]