2015

Those who have followed our blog for a while have come to expect our “Top 10 cases of the year” to be posted in late December.  This is a natural time to reflect on the year gone by, spot trends, make predictions and look forward to the next year’s challenges.

This year, we vary our year-end tradition by posting a single round-up of all the condo-related cases we tweeted about since January 1 and will publish our “Top 10” list following a special educational luncheon hosted by the Association of Condominium Managers of Ontario on January 22, 2016.  There, GMA’s Bob Gardiner will moderate a panel of legal experts presenting their top 10 picks and the important lessons they hold.

The job of selecting the top 10 will not be easy.  This year’s crop includes more than 40 cases, of which the following are among the most notable.  Admittedly, this list is imperfect, as it excludes unreported cases and is Ontario-biased in that it includes very few cases decided by courts outside Ontario.

Ladies and gentlemen, here are your contenders for Top 10 Condo Law Cases of 2015:

ONSC gives condo compliance order but awards 1/4 of requested costs. Corp buttressed case with historical evidence. https://t.co/acjoPhKSr3
ONCA: Member’s bid for inspector and compliance orders for housing co-op refused b/c complaints are vague & generic. https://t.co/7rP53DHE5g
ONSC: No injunction for condo mgmt firm without proof that fmr emplyee solicited clients. Clients solicited emplyee! https://t.co/mA6kXj7cgE
ONSC confirms that whether mediation & arbitration is mandatory in any given condo dispute is judge’s discretion. https://t.co/bsOIIbimL3
ONSC: Condo’s terms for owner’s common element changes are oppressive, but not election to deem them as substantial. https://t.co/uXwmcpHt0G
ONSC: No reviving expired condo liens or equitable liens, even where director self-dealing, fraud and negligence. https://t.co/iheg0hKwyu
ONSC: Condo, unit owner bear own costs of >$100k each for mushroomed, disproportionate case re smoke infiltration. https://t.co/q9zOAlp5Z4
ONSC: Condo to pay $15k for oppressive handling of rule enforcement case, with bogus fines, liens, no mediation. https://t.co/CUB7UPJIEY
ONSC: Costs of $9K (of $30K claimed) awarded in contested condo compliance case. Extraneous costs not recoverable. https://t.co/PwzjI1Dbdt
ONSC: Commercial condo to repay costs it overcharged to certain unit owners, but no oppression remedy awarded. https://t.co/LVeWe4GeRx
ONSC: 3-day lockout of shared mgmt office costs feuding condo corp $50K. http://t.co/eScPVrXesU  Why was this case not mediated/arbitrated?
SKQB reduces condo’s legal cost recovery when unit owner counterclaims for unrelated damages and withheld payments. http://t.co/5W6FkRLGei
ONCA: Judge’s castigation of director unclear as to whether condo must pay that guy’s legal costs. http://t.co/knSjaxasGy
ABQB: Unit owners have no counterclaim for set-off vs. common expenses they owed (but withheld from) their condo corp http://t.co/WHVk54nhwI
ONSC permits late amendment of owners’ water infiltration claim into condo unit. http://t.co/hWBqSTzCk4
BCSC rejects hare-brained argument that condo corporations collecting common expenses is unconstitutional. http://t.co/EYyanbBybg  #trite
HRTO: Fired condo supers’ complaint dismissed because she signed a release in exchange for 2 wks termination pay. http://t.co/v9BeWPCQ8P
ONSC won’t dismiss for delay a 12-yr old lawsuit about a condo unit toilet overflow in 2002. No prejudice proven. http://t.co/26ELbUc8Bd
ONSC conveys equitable title of condo parking unit mistakenly excluded from suite sale. http://t.co/13emTSZUtU  Good fix for a common error.
ONSC: Neighbouring condo owner must pay towards maintaining/operating jointly-owned sewer. http://t.co/H7gIedBUPK  Clear SF Agreemt lacking.
ONSC: Unit owner to pay condo’s costs of $47K for unsuccessfully resisting 25lb dog rule with thin medical evidence. http://t.co/UpWAxJdFIP
ONCA confirms condo dwellers’ right to privacy from police surveillance. http://t.co/PCczKQFijS  Cops shld’ve asked bd to enter bldg first!
ONSC: Owner to prepare unit for bedbug treatment or allow condo to do so at his cost. http://t.co/YC9Z9NX8zr  2nd such case this month.
ONSC: ‘Strike 2’ for unit owners blocking access to cockroach extermination,  breaching court order. http://t.co/GPhM5GgqAa
ONSC: Dispute re assessm’t of condo common expenses to be mediated not litigated. Arrears >2 yrs are statute-barred. http://t.co/7e5aWmSPTG
ONSC: Big dog evicted after ‘service animal’ claim by owner and her doctor discredited. No human rights violation. http://t.co/pGOsnfYJCx
ONSC: Condo corp releasing its construction deficiency claims vs developer doesn’t bar unit owner’s separate lawsuit. http://t.co/a3rXPWgcI9
ONCA orders new hearing for oppression remedy application dismissed for scant, contradictory reasons. http://t.co/vIm8ggP1mb
ONSCDC: Homeowners cannot pursue Tarion claims after home sale, so must agree on a workaround with the purchaser. http://t.co/ZM5Nipahew
ABQB: Condo bylaw mandating pooled mgmt of tenancies held invalid; enforcement of that bylaw was not oppressive. http://t.co/hAjwajUSpi
ABQB: Challenging condo rule requiring criminal & credit checks for tenants no excuse to withheld common expenses. http://t.co/uUeYD0dMmj
ABQB: Bd evicting previously-approved cats was oppressive & unfair, given sloppy records and inconsistent treatment. http://t.co/aUf83EM50t
ONCA: Pillar blocking restaurant storefront not a material change. Condo disclosure not intended as a structural plan http://t.co/6sRRsquLHF
ABQB: Condo bylaw mandating rental pool mgmt of leased units is illegal restriction on owners’ rights. http://t.co/hAjwajUSpi
ONSC strikes 5/15 challenged portions of unit owner’s affidavit for small nit-picky stuff in smoke infiltration case. http://t.co/6w2FCG1a4v
ONSC: 10yr limitation period applies to condo shared facility disputes where pymt obligation secured by lien. http://t.co/iCuyYKHf1v
ONSCDC: Owner’s claim re condo corp’s special ass’mt statute-barred. http://t.co/MqubAKtRAn  IMHO, this case would fail even if made in time.
ONSCDC affirms purchaser’s right to cancel condo purchase after good faith status certificate review. Bookmark this. http://t.co/1hsBjtXRXG
ONSC: Condo can’t switch which director testifies mid-discovery absent agreement. Weird facts. http://t.co/TP7lXmSiQ4  #headscratcher
ONSC: Unit owner may pursue construction claims vs developer. Weird facts but good obiter re Condo Act, s.23. http://t.co/w1nsxWT4Tx
ONSC decides tiny part of 20-yr condo blood feud that will likely continue clogging our courts for many more years. http://t.co/fpAc81b1bl
ONSC borrows condo concept re alterations for housing co-op arbitration case but uses different standard of review. http://t.co/HnabfLjNyL
ONSC: Std of review for arbitral rulings on 1st yr budget shortfalls under Condo Act s.75 is ‘correctness.’ http://t.co/yR3saGlFXw