Article Library
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 …
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.
…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.
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, …
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, …
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.
…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 …
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 …
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 …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 …