Occupier’s Liability
Elder Abuse and Removing a Disruptive Occupant
In a recent decision, the Ontario Superior Court permanently banned an individual from occupying or even visiting a condominium unit due to repeated harassment and elder abuse concerns. The case, YRCC No. 570 v. Edery, underscores the responsibilities of condo boards to ensure resident safety and enforce compliance under the Act. Key Facts Kathryn Edery, […]
Storage lockers in underground parking garage against Fire Code?
In a recent decision, the Ontario Fire Safety Commission ordered a residential condo corporation to remove all items stored in 52 wired caged storage locker units located on various levels of its underground garage because they were in breach of the Ontario Fire Code. An important (and likely costly) decision raising issues of life, safety […]
Court Orders Masks in Condos – with Exceptions
In what is likely the first court case dealing with the requirement to wear masks in public spaces, the Superior Court of Justice issued a partial but permanent injunction requiring 2 condo owners to wear a mask while on interior common elements. The court carved out an exception for the limited purpose of entering and […]
Big Changes to “Slip and Fall” Claims Against Condos
Ontario just passed a bill amending the Occupiers’ Liability Act, which will bring drastic changes to how claims for “slip and falls” can be brought against condo corporations (and other occupiers). Written notice of the claim Under the modified Occupiers’ Liability Act, no one will be able to bring a claim for damages resulting from a personal […]
Coronavirus in Condos
There is no need to cause unnecessary panic over this but, there is no denying it either: the Coronavirus has reached our shores and is spreading. Our first comment will be one of cautious optimism. Indeed, the Public Health Agency of Canada (PHAC) continues to assess the public health risk as low for Canada. Still, […]
Changes to “Slip and Falls” Involving Condos?
The province of Ontario is considering potential changes to the Occupiers’ Liability Act, which (if adopted) would bring drastic changes to how claims for slip and falls can be brought against condo corporations. Indeed, Norman Miller (the Parry Sound-Muskoka MPP) is sponsoring a private members’ bill aimed at imposing strict (and very short) time limits to […]
Court Orders Owner to Enter into a Section 98 Agreement
In my last post, I blogged about a case where the court sided with the owners after having found that the condo corporation treated them unfairly in the context of a dispute involving modifications to common elements. Again, in Durham Condominium Corporation No. 43 v. Bradley, the court had to deal with a dispute involving […]
Airbnb Is Incompatible with The “Single Family Use” Provision of Most Condo Declarations
With the growing interest in the “sharing economy”, Airbnb and other short-term rental websites are often causing headaches within condominium communities across the province and beyond. In many cases, condominium corporations have had to adopt rules to attempt to regulate the leasing and occupancy of units within their complex. While useful, these rules may have […]
Defibrillators in Condominiums
One of the question we are increasingly being asked by our condominium clients is whether they should consider installing automated external heart defibrillators and, if so, what liability may be associated with the installation and use of such defibrillators. It is well-known that the steps taken in the minutes following a cardiac arrest may make a difference […]
Regulations Applicable to Condominium Pools
All condominium pools in Ontario are considered public pools and are regulated under the Health Protection and Promotion Act, unless the condominium corporation has less than 5 units or the pool is less than 0.75 metres in depth. The following is only an overview of some of the important points to keep in mind when […]