News & Analysis as of

Condo Smoking Complaints

How far should the board go in accommodating unit owner complaints about smoking? In the case of Sharon MacKay v. Metropolitan Toronto Condominium Corp.2014, cigar smoke penetrated from one unit to the next and became...more

Removing Unit Owners from Condo Units

What does it take for a condominium corporation to force the removal of a unit owner from a unit? We have previously written blogs on this topic, highlighting the unusual nature of the facts that give rise to a situation in...more

Updated Forms Relating to Condominium Act

ServiceOntario has the most up-to-date forms available on their site, recently amended as per the Condominium Act. These forms are needed to comply with certain requirements of regulations made under the Condominium Act....more

Oppression Remedy Claims: Condo Beware

A recent decision from the Ontario Superior Court of Justice sheds some new light on the broad discretion the Court has when making orders pursuant to the oppression remedy and serves as a warning to Boards considering...more

Why Your Condominium Corporation May Be Liable For Builder-Developer’s Actions

Most condominium boards assume that their condominium would be constructed properly and meet the minimum standards set out in Ontario’s Building Code. Unfortunately, this is not always the case....more

Unplanned Condominium Repairs

The Ottawa Citizen recently reported about a 275-unit condominium building that was facing costs of approximately $15.3 million to complete a major overhaul of the entire brick and cladding façade to stop water penetration in...more

Condominiums and Interim Occupancy

If you are purchasing a new condominium unit in Ontario and you are ready to move in, you should be aware that just because you may be moving in, this does not mean the builder (or declarant) is ready to transfer ownership to...more

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

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

New Year Construction Projects: Not Before A Clearance Certificate

In the New Year, condo corporations and their managers should pay close attention to new rules from the Workplace Safety and Insurance Board (“WSIB”) requiring them to obtain clearance certificates from the contractors they...more

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

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

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

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

Realtors Could Be Liable For Large Condominium Tax Bills

As we reported back in April, the CRA is increasingly challenging Canadians’ designation of their condominium unit as their principal residence. The distinction can result in a tax bill of tens of thousands of dollars....more

Different Types of Condominiums

In Ontario, there are a number of types of condominiums that may be developed. Under the Condominium Act, 1998, the types of condominiums provided for fall into two categories: leasehold and freehold. There are then four...more

Councilor Removes Signs Advertising Condominiums

Toronto’s condominium boom shows no sign of stopping – as of June 2013, there were a record 251 condominium buildings under construction in the GTA....more

Toronto Star Urges Faster Protection For Condominium Owners

As we reported last week, Ontario is working to introduce mandatory qualifications for condominium managers. ...more

How Can Condo Directors Avoid Personal Liability?

We have, in the recent past, blogged about the Boily case. In this Ottawa case, a board of directors was found to be in contempt of court and was ordered to personally pay in excess of $96,000 in legal costs. ...more

Update: Toronto Considers Substantial Increases To Condominium Development Fees

As we previously reported, Toronto is considering dramatic increases to development fees that could result in purchasers paying price increases of almost $15,000....more

Toronto Considers Substantial Increases To Condominium Development Fees

If you’ve purchased a preconstruction condominium in Toronto that has yet to close, take a close look at your Agreement of Purchase and Sale – you could be stuck paying a price increase of more than $10,000....more

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

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

Sales Of Condominium Units Under Audit By Canada Revenue Agency

A Canada Revenue Agency (“CRA”) audit initiative is targeting taxpayers who have recently sold condominium units they did not occupy or occupied for only a short period of time (the “CRA Condo Project”)....more

Condominium Sales Could Lead To Large Tax Bills

If you sold a condominium in Canada’s booming housing market, don’t count your profit just yet – the Canada Revenue Agency could soon be knocking on your door with a large tax bill....more

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