Article Library
Recent Ottawa Case Requires Update To Lien Collection Practices: Who Should Issue The Form 14 Notice Of Lien?
The recent Ontario Superior Court of Justice decision in Mei Ki Ching v. Carleton Condominium Corporation No. 203, 2019 ONSC 4338 (“Ching”) has potentially forced a significant change to condominium lien collection processes under the Condominium Act, 1998 (the “Act”).
…Should the Government Expand or Eliminate the CAT? The Middle Way
In the condominium industry, there is an ongoing debate about whether the Condominium Authority Tribunal of Ontario (the “CAT”), set up by the previous Liberal government, should expand its current jurisdiction from simply handling disputes over records requests to other types of disputes in condominiums – or whether the current …
The Energy Water Reporting Benchmarking Initiative
The Energy Water Reporting Benchmarking (EWRB) Initiative was implemented to assist building owners in improving efficiency, decreasing energy consumption, and saving money by implementing reporting and benchmarking goals and/or strategies.
…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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