Article Library
Has The Court Lowered The Threshold For Approving By-laws?
Recently, we acted for a court-appointed Administrator and sought direction from the Superior Court of Justice as to whether a Borrowing By-law was validly passed at a meeting of owners. The Administrator asked the Court for judicial direction in light of the lack of clarity that arose from the recent …
Two Recent CAT Decisions: One Win For The Unit Owner, One Win For The Condominium
Recently, I had the privilege of representing two very different clients at the Condominium Authority Tribunal of Ontario (the “CAT”), each undergoing separate Stage 3 Adjudications at almost the exact same time: one unit owner, and one condominium corporation.
Both cases were decided favourably for …
PIPEDA's New Privacy Consent Guidelines- How to "Beef Up" Your Privacy Policies
While PIPEDA (Personal Information Protection and Electronic Documents Act) arguably does not directly apply to Condominiums, such a conclusion fails to recognize that the provisions of PIPEDA do apply to organizations that serve condominiums such as property management and security personnel, which are often the ones collecting and handling personal …
When Will A Condominium Corporation Be Held Liable For Invasion Of Privacy?
Under section 26 of the Condominium Act, 1998, the corporation is deemed to be the occupier of the common elements for the purposes of determining liability resulting from a breach of duty of an occupier of land. This decision raises questions about when a condominium corporation, in their …
The Ups And Downs Of Ontario's Elevators
Vertical living has multiple benefits, but also comes with frustrating challenges. Elevator breakdowns, maintenance issues, and their resulting entrapments are old news, but have only intensified as Ontario’s condominium market continues its booming expansion. With many new condominium developments reaching previously unimaginable heights, elevators have become a crucial …
CONDOCENTRIC.ca's Top 5 Articles of 2018
5. 5 Habits of Highly Effective Directors by Marc Bhalla
4. Smoking Cannabis in a Condominium: Designated Smoking Areas By Victor Yee and Yash Mehrotra
3. Employment Law Changes Coming Into Force On January 1, 2019 By Ashley Winberg
…Unionized Security And Cleaning Staff: How Their Unions Can Affect Your Condominium's Bottom Line
Under the Employment Standards Act (the “ESA”) and the Labour Relations Act (the “LRA”), security companies and cleaning companies, which are retained by condominiums to provide on-site security and cleaning services are deemed to be “building service providers”.
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Employment Law Changes Coming Into Force On January 1, 2019
On November 21, 2018, Bill 47 (Making Ontario Open for Business Act, 2018), which was introduced by the Ontario government on October 23, 2018, passed Third Reading and received Royal Assent.
…How the Newly-Enacted Cannabis Statute Law Amendment Act, 2018 Affects Condominiums
Effective as of October 17th 2018, the federal Cannabis Act legalized the possession, distribution, cultivation and consumption of recreational cannabis across Canada. In conjunction, Ontario introduced the Cannabis Statute Law Amendment Act, 2017 (the “CSLA”), which received royal assent on October 17th 2018. The CSLA amended various other provincial Acts, …
Condominium Authority Tribunal Dismisses Owner’s Application For Being Vexatious
In the 4th decision released by the Condominium Authority Tribunal (the “CAT”), the CAT dismissed a unit owner’s application for the records of a condominium, which was filed by the unit owner 2 weeks after the Court of Appeal upheld the finding that she was a vexatious litigant, because the …
