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February 29, 2024 - By Patricia Elia

Electronic Communication

The Condominium Act, 1998, SO 1998, c 19 (the “Act”) was amended as of October 1st, 2023 to reflect changes regarding communication via “telephonic or electronic means”. Under subsection 1(1) of the Act, “telephonic or electronic means” is defined as any means that uses …

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December 20, 2023 - By Victor Yee

City of Toronto's Short Term Rental Data Is Publicly Available

For condominium corporations in Toronto who struggle with identifying which particular units are being listed on short-term rental (“STR”) through websites such as Airbnb, the City of Toronto has a publicly-available tool that might assist with STR enforcement.

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December 20, 2023 - By Antoni Casalinuovo & Katya Ukrainetz

Legacy Agreement and Smoking in Condominiums

The Smoke-Free Ontario Act, 2017 prohibits smoking in all indoor areas of a condominium corporation’s common elements. Condominium corporations may also prohibit smoking via their Declaration or a Rule.

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July 31, 2023 - By Victor Yee

Double Taxation of Condo Owners: Relegating Condo Disputes to the CAT

Recent headlines have highlighted that owners of condos are taxed more than owners of single detached houses, but there is an even further layer of tax imbalance for condominium owners. The public court system – funded by everyone’s tax dollars – has effectively shut out condo disputes, …

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June 22, 2023 - By Victor Yee

Expensive Lessons Due to CAT's Default Presumption Against Costs

You should never try to install your own braces without the assistance of a licensed dentist, because if the braces are not properly installed, then your teeth might become too seriously misaligned for a subsequent dentist to correct – no matter how good of a dentist they might be.

Similarly, …

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May 18, 2023 - By Victor Yee

Self-Represented Litigants In Condo Law

The tragedy in Vaughan on December 18th 2022 highlighted for the world what condominium lawyers have known for many years – that, unfortunately, the access-to-justice crisis plaguing our legal system can have devastating consequences for unit owners, residents, Board members, and condominium communities.

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April 20, 2023 - By Patricia Elia

Electric Vehicle Charging Systems

Practical Thoughts About Implementation

Electrical Vehicle Charging Systems (“EVCS”) are here to stay because electrical vehicles are now part of our environmental and economic future. The need for humans to convert to electric vehicles has therefore become a legislative/public policy initiative. The reasons seem to be clear: global warming …

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March 23, 2023 - By Jonathan Wright

Litigation and Mental Health

Litigation can have significant impacts on all parties involved -  whether it’s Board Members, property management, unit owners, or even the lawyers.   Often times, mental health of those directly involved can become a concern, especially in circumstances when the dispute being litigated is directly related to mental health issue.

When …

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February 23, 2023 - By Victor Yee

Condos are Stuck Between Rock and Hard Place

A recent decision by the Condominium Authority Tribunal highlights the difficult position that condominium corporations in Ontario are being placed in.  As this author has pointed out previously (here), the CAT’s default presumption against awarding legal costs to the successful litigant ends up forcing condominium corporations into a catch-22:

If …

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January 26, 2023 - By Patricia Elia

The Gap in the Fourth Level of Government

To build upon the article presented Antoni Casalinuovo of Elia Associates and Bill Thompson learning from a tragedy: what amendments can be made to the Condominium Act, 1998, to protect the community [link to article here],  I wanted to comment on the tragedy in Vaughan and some of the lessons …

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