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

Employers, such as property management companies, could be held vicariously liable for payment of fines or damages arising from an injury or accident deemed to have been caused by an employee’s inattention to driving while manipulating a hand-held device. It is recommended that employers issue the company’s no hand-held policy to employees prohibiting use of hand-held devices while employees drive a car, except in accordance with permitted hands-free technology such as Bluetooth. It is expected that if a driver involved in an accident was found to be using a hand-held device at the time of a collision, such unlawful use may more likely be deemed to be the cause of an accident and possibly result in a higher award of damages against such a driver and employer. Delivery of a no hand-held policy to employees should exempt employers from vicarious liability.

Studies indicate that drivers using cellphones are four times more likely to crash, while those texting messages may be the cause of approximately 20% of all collisions. Ontario has joined 50 other countries and several Canadian provinces which enforce rules against driving while using a hand-held device.

Drivers who need to gab while driving will still be entitled to use hands-free technology such as can be provided by various Bluetooth devices. Choose systems which allow vocal dialing or speed-dialing of your favorite numbers.

Firefighters, paramedics, police and drivers dialing 911 will be excepted from enforcement of that law. Regulations dealing with other exempted cell phone scenarios are also being enacted.

This does not mean that managers cannot follow up with clients or conduct business while on the road, but rather that they must be sure to use a hands-free accessory for their mobile device at all times while in transit. To prevent being fined, property managers should refrain from sending email messages, even while at a full stop at a light or stop sign. If you are safely parked then the new legislation does not apply.

Let your board members and owners know about the new “rules of the road” with respect to using a mobile phone or other such device so that they are aware of this change and how it may affect your availability. Management companies may be implementing new policies regarding the use of mobile devices while driving, so make sure to find out if your company will roll out a new policy. If not, condominium managers should approach the executive or owners to suggest putting one in place. Implementing a safety policy related to this new law equally applies to employees and might extend to contractors hired by the condominium corporation, so board members should ensure that they advise all parties.

Remember to obtain a Bluetooth® or other similar hands-free accessory for your mobile device and make a habit of activating it every time you are on the road; otherwise, don’t answer a call, or just turn the device off altogether - that is what voice mail is for. Finally, as people adapt to this new rule, it is also a good idea to remember to ask those you are calling if they are driving and, if so, whether they are on hands-free. If not, ask them to call back when it is safe for them to do so.

Remember, safety first!

Technology itself is not a magical answer. A website, for instance, is not necessarily a more effective tool unless it is specifically designed to improve communication and interactivity amongst its users, and unless people can find a productive use for it. Finding the right type of solution may not be as easy as it sounds.

To develop a plan to maximize the usefulness and effectiveness of your condominium corporation's online communication efforts, take a crash course in social networking, which plays a big part in the relatively recent concept of "Web 2.0" (which is described at Wikipedia, here). Once you've got a grip on the rudimentary concepts, you can begin to brainstorm about how online social networking can be effectively harnessed at your particular community.

There is certainly no shortage of helpful sites on the topic social networking, including this one at Wikipedia. One example of a handy one-stop overview of the most popular concepts and sites is "A Trial Lawyer's Guide to Social Networking Sites," presented by the Deliberations blog. While this entry was written to give trial lawyers insight into the minds of tech-savvy jurors and is somewhat dated by now, anyone can appreciate the clarity, brevity and organization of the piece and the breadth of the concepts and sites that are discussed.

Investing a few moments to learn about these developments will be worthwhile. If recent trends are any indication, there is no question that social networking concepts and sites will become increasingly popular among condominium residents as a medium through which to:

• share news, documents and ideas;
• organize activities and events;
• enhance owner participation, communication and feedback;
• gauge the pulse and public opinion of the community;
• improve delivery of services; and
• strengthen the bonds of their communities.

If your condominium is experiencing the usual sorts of friction that arise from poor communication, strike a committee to discover, recommend and then implement some of the increasingly popular social networking concepts and tools.

Share your comments and ideas about what works and what doesn't.

Does your condo have a website? A blog? A Facebook group?