Ontario Condo Law Blog : Toronto Condominium Lawyer & Attorney : Gardiner Miller Arnold Law Firm : Ontario, Ottawa, Hamilton, Kitchener

Each year, the Canadian Commission on Building and Fire Codes (“CCBFC”) invites stakeholders and members of the public to participate in the review of proposed changes to six national model codes, including the following construction codes:

• National Building Code
• National Fire Code
• National Plumbing Code

These construction codes, last published in 2005 but subsequently amended and expected to be revised in 2010, form the basis of the construction codes of each of the provinces and territories to varying degrees. 

Builders and developers have an obvious vested interest in participating in the development and upkeep of these model construction codes, and so do the end users of most buildings, particularly condominiums.  Typical construction issues that affect interest condominium communities include soundproofing, building materials, energy efficiency and life safety.

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In a news release yesterday entitled “Resolving Lawsuits Faster and More Affordably,” the Ontario Ministry of the Attorney General announced a number of notable changes to the civil justice system.  Most of these changes stem from the Civil Justice Reform Project chaired by the Honourable Coulter Osborne, who released a report of findings and recommendations in November 2007.

Among the reforms announced this week is an increase in the monetary limit of the Small Claims Court to $25,000 from the current level of $10,000 and a doubling of the monetary limit for the simplified procedure in Superior Court to $100,000 from the current $50,000. 

These increases become effective on January 1, 2010, more than a full year from now.

While these increases in the monetary limits are decidedly positive, the long delay until they become effective bears some comment.

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I follow a large number of blogs to help expand my knowledge of the world, stay current with news and trends in my law practice and business, and enhance my skills as a lawyer, entrepreneur and human being. While there is no shortage of blogs out there, it is not always easy to find blogs that are on point or have the right focus to fit the bill.

Check out the Canadian Law Blog Awards ("the CLawBies").  Organized by Steve Matthews, a law firm consultant, law librarian and blogger, the CLawBies showcase some of the remarkable talent in the Canadian legal blogosphere each year. 

Nominations for this year’s CLawBies are being accepted from law bloggers.  Full details on how to participate are  here. 

I am delighted to add the following as my picks, in no particular order:

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Daily Commercial News reports on the swag being distributed by more than 1100 exhibitors at PM Expo and shares some of the sights and scenes of the show, which ends at 1 p.m. today.   Last call!

Dozens of seminars and workshops informed and educated hundreds of people over the past two days.   I was one of many  in attendance for the "Mould, Moisture and Related Building Envelope Failures" workshop given by Bruce Stewart and Phil Brearton of Pinchin Environmental.   A handful of their many excellent points included:

• Municipalities are now required to inspect a building if notified by police that the building housed a marijuana grow-op (which are notorious for causing ruinous mould infestations);
• In 2004, the Canadian Construction Association developed and published guidelines for dealing with mould in various stages and circumstances, including initial construction of buildings and in remediating subsequent infestations -- worth being aware of;
• A maintenance tip to help prevent water entering into a building:  Don't make repairs overtop existing repairs.   While caulking over existing caulk might look nice and make us feel secure, it is an ineffective repair. 

Some additional information from Pinchin (thanks, Bruce!) on dealing with water damage and mould growth can be found here and the full PowerPoint presentation from the seminar is here.   Stay dry.

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The 20th edition of the ever-expanding PM Expo show is on this week, starting today until Friday, at Metro Toronto Convention Centre.

From the organizers:

As Canada’s largest annual property management exposition and conference, the Show will facilitate the exchange of ideas, best practices, and product knowledge that will provide you with strategies and cost effective solutions for managing and operating your buildings.

Full details are here.

With dozens of workshops and seminars and over 1000 exhibitors showcasing new ideas and new products, there’s something for everyone.  

See you there.

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Where a unit owner, tenant or a guest causes damage to an owner’s unit, section 105 of the Condominium Act, 1998 permits condo corporations to charge back certain repair costs by adding those costs as common expenses to that owner’s unit and collecting them by way of lien. Corporations can pass by-laws extending the circumstances under which they can charge back repair costs. The underlying concept is that an owner who is responsible for damage should pay any repair costs not covered by the corporation’s insurance.

This type of charge back is typically limited to the deductible amount under the corporation’s insurance policy, which can range from $500 to $10,000 for most water escape or fire claims. In larger condominiums or those with a poor claims history, the deductible can reach $50,000.

No matter what the amount, few owners can easily afford these charge backs. Thankfully, they can obtain insurance to significantly lessen the impact of such charge backs and protect their personal property and improvements to their unit, none of which are covered by the corporation's insurance.

The problem is that a surprisingly large number of owners do not secure proper insurance because they do not understand the limitations of the corporation’s insurance and mistakenly assume that they don't need to obtain their own coverage.  The truth emerges very quickly in the aftermath of a water escape or fire, but too late.   

Failure to obtain proper insurance can result in a crippling financial burden that can rob owners and their families of their financial security and their home. There are few things as heartbreaking or as avoidable.

Condo boards and managers should take concrete steps to help educate their unit owners about insurance on an ongoing basis and especially when new standard unit by-laws or insurance deductible by-laws are proposed.  Here are some ideas:

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