Article Library
CONDOCENTRIC.ca's Top 5 Articles of 2019
5. When Will A Condominium Corporation Be Held Liable For Invasion Of Privacy? by Patricia Elia and Julia White
4. Should The Government Expand Or Eliminate The "CAT"? The Middle Way By Victor Yee
3. Has The Court Lowered The Threshold For Approving By-laws? By Antoni Casalinuovo
…Managers Are Not Allowed To Represent Condos At The CAT, And Other Reasons Why The CAT Should Award Costs: Part 2
In our previous article, we discussed why the Condominium Authority Tribunal of Ontario (the “CAT”) should revise its Rules of Practice so that a Stage 3 Adjudicator has greater discretion to award legal costs to a successful party.
…Changes To The Collection Process Post Ching v. CCC 203
The recently released decision of Mei Ki Ching v. Carleton Condominium Corporation No. 203, 2019 ONSC 4338 (“Ching”) is sure to garner a lot of attention going forward as it directly impacts the condo lien procedure and the costs that are normally associated with this process.
…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 …
