Barbara Holmes

Barbara Holmes

Heenan Blaikie LLP

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Latest Publications


Second-Hand Smoke In Condominiums

What are the responsibilities of a condominium corporation where second-hand smoke is emanating from one unit to another? Are there additional responsibilities where the complaining owner is allergic to cigarette smoke?...more

2/3/2014 - Air Pollution Condominiums Smokers

Another Difficult Condominium Resident

In a recent post, we blogged about an owner who had engaged in inappropriate and abusive behaviour. In another recently-reported case, Wentworth Condo Corp. No. 34 v. Brendan Taylor and Samantha Jones, we see another...more

1/30/2014 - Condominium Act Condominiums Eviction

Updated Ontario Condo Guide Available

There’s more to buying a condominium than finding the right unit in the right location. Many first-time condo purchasers do not really understand what condo living entails and how this may affect their lifestyle....more

1/23/2014 - Canada Condominiums

Accommodating A Disabled Condominium Unit Owner

The Ontario Human Rights Code provides protections and rights to persons with disabilities. Where a condominium resident provides sufficient evidence that he or she suffers from a disability attracting the protection of the...more

1/21/2014 - Canada Condominiums Disability Reasonable Accommodation

Fort Lauderdale Condo Bans Smoking Inside Units

The Sun Sentinel (in Florida) recently reported that a new condominium project being developed in the Fort Lauderdale area (Aqua Vita Las Olas) will ban smoking in the condominium units. This condominium is a proposed ...more

1/15/2014 - Condominiums Smoking Bans

Getting Rid Of A Difficult Condominium Unit Owner

In a recent case, Peel Condominium Corporation No. 98 v. Pereira, a condominium corporation made a court application pursuant to section 117 of the Condominium Act (the “Act”) seeking an order that a unit owner be required to...more

1/7/2014 - Condominium Rules Condominiums

Common Elements Deficiency Claims – A Recent Case Decision

In a recent court decision, the court determined that it was legal for a developer to limit its liability with respect to common elements deficiency claims so that the developer would not be responsible for any claims in...more

12/11/2013 - Board of Directors Canada Condominiums Construction Disputes Real Estate Market Tarion

Do Pets Affect Condominium Prices?

A recent academic study in the US indicates that condominium prices are affected by whether or not pets are permitted or prohibited in the condominium. The researchers came to the conclusion that there was a premium on prices...more

11/29/2013 - Condominiums Pets

Condominium Act 2014? Update On Stage Two Recommendations On Consumer Protection

As we noted in our previous blog, the Stage Two Solutions Report on the Condominium Act Review (the “Report”) focused on five major areas where it was noted that changes are recommended. One of these areas is consumer...more

10/30/2013 - Condominium Act Condominiums

Allocation Of Common Expense Payments By Condominium Corporations

Most condominium owners pay their monthly common expenses by way of pre-authorized payments. The question that frequently arises is whether these payments can be allocated by the condominium corporation to other unpaid...more

9/25/2013 - Canada Condominium Corporation Condominiums

Stage Two Report On Condominium Act Review Now Available

The following news was just released today about Stage Two of the Ontario Government’s Condominium Act Review. “Canada’s Public Policy Forum (PPF) today released a solutions report in support of Ontario’s Condominium...more

9/24/2013 - Canada Condominium Act Condominiums

Lawsuit By Resident Trapped In Condominium Elevator

What liability does a condo corporation have if someone is trapped in one of its elevators? This was recently considered by the Ontario Superior Court where a condominium resident sued both the condominium corporation and the...more

9/3/2013 - Canada Condominiums Elevators Liability

Service Animals In No-Pet Condos

Pets in condominiums is a very controversial topic. Some condominiums prohibit pets and other condominiums allow them. ...more

7/22/2013 - ADA Condominiums Pets Reasonable Accommodation Service Animals

Unsuccessful Lawsuit By Condo Owner - The Cost Implications

In a previous blog, we reported on a case, Harvey v. Elgin Condominium Corporation No. 3, where an unhappy unit owner sued the Corporation for various alleged infractions relating to the replacement of existing wooden decks,...more

5/23/2013 - Condominium Act Condominiums Legal Costs

Unsuccessful Law Suit By Condo Owner

In the case of Harvey v. Elgin Condominium Corporation No. 3 an unhappy condo owner sued the condominium corporation, claiming that the corporation undertook work that constituted a substantial change without proper...more

5/14/2013 - Canada Condominiums Special Assessments

Registration Of Condominium Liens - Time Is Of The Essence

In a recent case, YCC No. 82 v. Bujold, the Court of Appeal considered the interpretation of Section 85 of the Condominium Act (the “Act”) and, in particular, the timing requirements under the Act relating to notice of the...more

5/8/2013 - Canada Condominium Act Condominiums Liens Time is of the Essence

Can Police Enter Condominium Common Elements Without A Search Warrant?

As reported in the Ottawa Citizen, in a recent drug trafficking case the Ontario Superior Court considered whether the police could enter, without a search warrant, the common elements of the condominium building in which the...more

4/17/2013 - Canada Common Elements Condominiums Consent Drug Trafficking Search Warrant

Condo Alert: Sheave Jammer Settlement Funds -- March 29th, 2013 Deadline

In 2006, the Technical Standards and Safety Authority (TSSA) ordered that all elevator sheave jammers manufactured or installed by ThyssenKrupp be replaced. Many Condominium Corporations were affected by this order and had to...more

3/19/2013 - Canada Class Action Condominiums Elevators Safety Precautions ThyssenKrup TSSA

Are Live-In Caregivers Permitted In Single-Family Condo Units?

The Alberta Court recently considered whether having a live-in caregiver constituted a violation of a condominium’s By-laws that prohibited roomers and boarders and any use of a residential unit other than as a single-family...more

3/15/2013 - Bylaws Canada Caregivers Condominiums

March 11, 2013 Deadline For Comments - Ontario Condominium Act Review

In a previous post in January we gave an update on the Condominium Act Review Process....more


Luxury Condominium At The Berlin Wall

It was recently reported that protesters prevented construction workers from removing one of the last remaining sections of the Berlin Wall to accommodate a new road to be built as part of the development of a luxury...more

3/6/2013 - Artists Condominiums Historical Landmarks

Dominatrix Dungeon In Residential Condo

We expect that some residents were shocked to read a recent article in the Toronto Star that reported that one of the residents in their condominium was operating a dominatrix dungeon from her unit. ...more

3/5/2013 - Condominiums Sex Workers

Condo Owners Forced Out By Fire

A recent article in the Toronto Star, Marco Chown Oved reported that residents of a condo building that caught on fire a few weeks ago will be out of their units for several months before the fire-damaged generator can be...more

2/27/2013 - Common Elements Condominium Corporation Condominiums Fire Damage Homeowner's Insurance

Update On The Condominium Act Review Process

Canada’s Public Policy Forum released its report to the Ontario Ministry of Consumer Services containing findings from Stage One of the Government’s Condominium Act review process. Stage One of the three-stage review process...more

1/28/2013 - Condominium Act Condominiums

Owners' Request For Records - the Lahrkamp Saga Continues

Another follow-up to our previous posts on “Owners Requests for Records”. As we previously posted, the Court agreed to vary its original order that the Corporation provide access to Mr.Lahrkamp to proxies and ballots by...more

1/10/2013 - Ballots Condominiums Owners Request for Records Proxies

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