The Ontario Condo Law Blog

The Ontario Condo Law Blog

Serving Ontario's condominium communities since 2008

Tag Archives: litigation

Top 10 condo law cases of 2016

Posted in Case Studies
Happy 2017! Here’s our recap of some of the most notable condo law cases from the year gone by. #10 – Cheung v. York Region CC 759, 2016 ONSC 4236 Many condominiums have insufficient parking for occupants and guests, requiring the board to allocate available common element parking spaces in a way that balances various… Continue Reading

Oppression remedy cases – 2015 in review

Posted in Case Studies
Section 135 of the Condominium Act, 1998 (the “Act”) gives unit owners, condo corporations, declarants and mortgagees the right to bring applications against one another for relief against conduct that is or threatens to be oppressive or unfairly prejudicial to the applicant or unfairly disregards the interests of the applicant. Where a court finds the… Continue Reading

A reasonably prudent director

Posted in Case Studies, Governance, Living Together
Condo directors in Ontario are expected to exercise a certain degree of attentiveness, caution and prudence while carrying out their duties. This expectation is known as the “standard of care” and is set out in section 37(1) of the Condominium Act, 1998, which provides: 37.  (1)  Every director and every officer of a corporation in exercising the powers… Continue Reading

Superior housekeeping at Superior Court

Posted in Legislation & Regulation
spring cleaningThough the weather suggests otherwise, spring has finally sprung in Ontario. As many condo corporations begin their seasonal cleaning and maintenance routines, our courts are likewise gearing up for significant housekeeping. Recent changes to the Rules of Civil Procedure will automatically sweep away pending lawsuits brought in the Ontario Superior Court that are not moved… Continue Reading

Condo lien enforcement hits the highway

Posted in Legislation & Regulation
Source: Ontario Ministry of the Attorney GeneralUntil now, mortgagees could commence their enforcement lawsuits anywhere in Ontario they pleased, regardless of where the mortgaged property is located. That option is now gone. On March 31, 2015, rule 13.1.01 of the Rules of Civil Procedure is amended by adding the following new subrule (3): Mortgage Claims (3) In the case of an originating… Continue Reading

Top 10 condo law cases of 2014

Posted in Case Studies
Happy New Year. Our picks for the top 10 condo law cases of 2014 is an all-Ontario batch, with half being important Court of Appeal rulings.   Some of them highlight the dire need for significant revision to our condo law. 10.     TSCC 1908 v. Stefco Plumbing & Mechanical Contracting, 2014 ONCA 696 Expired condo lien… Continue Reading

Watch Out: Developers limiting their liability for building defects

Posted in Buying and Selling, Case Studies, Construction Deficiencies, Declaration, By-Laws & Rules
As the buying frenzy for new condos continues, a growing trend threatens to leave purchasers poorly protected against construction deficiencies.   Purchasers and their lawyers should pay attention. In recent years, some developers’ agreements of purchase and sale for new units began including limits on the developers’ warranties for those units.   But that wording would usually… Continue Reading

Court and Tribunal Roundup to October 24, 2014

Posted in Case Studies
In addition to people, pets and parking issues, this autumn’s harvest of condo-related court and tribunal decisions includes a bumper crop of court of appeal cases dealing with: Expired condo liens; Contempt of court by directors; Bylaws permitting in-house “ethics reviews” for directors; and Bylaws releasing developers from construction warranties. Plenty of interesting reading. HRTO… Continue Reading

Top 10 condo law cases of 2013

Posted in Case Studies
Owing to a very busy and ice-storm-filled holiday season and an even busier start to 2014 , we have been late in releasing our annual top 10 condo law cases of the year gone by.   Mea culpa! In response to popular demand, here are our picks, presented in no particular order.  Almost all of them… Continue Reading

Court and tribunal round-up to December 4, 2013

Posted in Case Studies
While mediation and arbitration have been mandatory for most types of condo disputes for over 12 years, it seems that there are still plenty of condo cases finding their way into the courts.  According to the scuttlebutt, the judges are starting to notice this, and they apparently aren’t too happy with the volume of people,… Continue Reading

Lincoln on lawyers

Posted in Living Together, News and Events
Today is the 150th anniversary of the Gettysberg Address, one of the most famous speeches in history.  It was given by Abraham Lincoln, one of the most extraordinary people to ever walk the earth. Before becoming President of the United States, Lincoln was a lawyer.   From his notes, we see that his thoughts on… Continue Reading