Personal Injury, Business Organization, Residential Real Estate

Does The Tarion Appeal Process Prevent A Condominium From Commencing A Civil Action?

by Shawn Pulver | Heenan Blaikie LLP on 1/7/2013

We are often asked by condominium corporations whether an appeal of Tarion’s final decision letter will prevent them from commencing a separate civil action with respect to the same deficiencies....more

New Jersey Appeals Court Finds Contractor Personally Liable For Fraud In Failing To Pay Subcontractor

by Lowenstein Sandler LLP on 9/18/2012

The New Jersey Appellate Division recently issued an unpublished opinion involving the false certification by the principal of a general contractor of payments to a subcontractor. The ramifications of that conduct should be...more

When Can Private Security Stop and Detain?

by Sedgwick LLP on 6/19/2012

Today we begin a new feature for Appellate Strategist -- detailed previews of civil cases just granted review in the latest term of the Illinois Supreme Court. This week we will review the late May grants, and the feature...more

Invasion of Privacy in Condominiums

by Heenan Blaikie LLP on 2/3/2012

A recent case before the Ontario Court of Appeal dealing with the privacy of a Bank customer's personal information, may have some interesting applications for condominium corporations and property managers across...more

Nuisance Pets in Condominiums - It's not the Dog's Fault!

by Heenan Blaikie LLP on 12/23/2011

Although condominium ownership allows one to own a portion of a larger piece of property, the unit owner does not have the same freedoms with respect to that property as would be had in the case of a detached, freehold...more

Condo Pool Drowning

by Heenan Blaikie LLP on 9/26/2011

The Toronto Star recently reported that a woman drowned in a Toronto condo pool on the weekend. Based on the information contained in the Toronto Star article, certain aspects of this drowning are similar to those in the case...more

Condo Fraud

by Heenan Blaikie LLP on 9/19/2011

A recent article in the Toronto Star about a property manager who bilked several condo corporations out of a total of $20 million dollars made the paper's front page headlines. It is alleged that the property manager...more

Expect the Unexpected!

by Heenan Blaikie LLP on 9/16/2011

When a journalist in Pattaya, Thailand recently found herself stuck in the elevator of her condominium, she decided to capture her experience on camera right up to the time that she was rescued by the elevator repair...more

Condominium Pool Safety

by Heenan Blaikie LLP on 8/25/2011

The Toronto Star has now obtained public health data which reveals that there have been more than 10,000 health and safety violations by pools and spas over the past two years. Some of these violations are occurring in...more

Parties in Condos - Social Host Liability

by Heenan Blaikie LLP on 6/6/2011

Drinking and driving. The dangers are widely known but the problem persists. It’s something we all need to be conscious of when attending events where alcohol may be served. Accidents caused by impaired drivers can have...more

Developer Lawsuit Prevents Sale

by Heenan Blaikie LLP on 3/28/2011

In the first few years of a newly created condominium corporation the owner elected board will try to resolve issues dealing with building deficiencies, the developer's warranties and representations made in disclosure...more

Leaking Balcony Enclosures- Who is Responsible?

by Heenan Blaikie LLP on 3/22/2011

In Kelowna B.C., Lloyd Guenther, who purchased a condo with his wife in 2003, was so frustrated with the Strata Council's inaction in addressing water leaks on the owners enclosed balconies and the building envelope issues...more

No liability for condo drowning - video surveillance

by Heenan Blaikie LLP on 2/24/2011

CAI Law Reporter recently reported a case decision from Ohio, dealing with whether a condominium association assumed liability for a pool drowning because of the installation of video surveillance cameras in the pool...more

Management Company Defrauds Condo Owners

by Heenan Blaikie LLP on 2/14/2011

Where do unit owners monthly common expense payments go? Usually to pay the operating costs of the condominium corporation. Not so in Chicago where a two individuals represented themselves as Chairman and President of a...more

Condo Owner Frustration - Animal Cruelty or Pest Control?

by Heenan Blaikie LLP on 2/7/2011

What happens when a unit owner is frustrated by the board's inaction and takes matters into her own hands? A dead peacock, a near conviction of second degree cruelty to animal and a potential lawsuit against the...more

Requisition to Remove Directors - Defamation

by Heenan Blaikie LLP on 12/21/2010

Owners who take part in signing a requisition to remove a director should be carefully reviewing what they sign or they may be finding themselves involved in a lawsuit where they could be held personally liable. This was...more

Workplace Accidents in Condos

by Heenan Blaikie LLP on 12/3/2010

Heenan Blaikie’s national OHS & Workers’ Compensation practice group regularly advises business owners and management when they have had a workplace accident. According to Cheryl A. Edwards and Jeremy Warning, both former...more

Weekly Law Resume - November 4, 2010: Homeowners' Association - Judicial Deference to Board Decisions

by Low, Ball & Lynch on 11/4/2010

Affan v. Portofino Cove Homeowners' Association Court of Appeal, Fourth District (October 29, 2010) Maintenance of common areas in condominiums or other common developments is a frequent area of dispute and litigation....more

Condo Owner Defamation - Emails and the Internet

by Heenan Blaikie LLP on 10/26/2010

For some reason, condo people feel that there are different standards for making statements on-line versus written communication. Never before have we had so many cases of board members and unit owners alleging defamation...more

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