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 spills much ink on proper naming, identification of respondent condo corporation, directors and managers. http://canlii.ca/t/g90f6
ONCA upholds condo bylaw releasing devl’per from all construction warranties except Tarion. http://canlii.ca/t/gf1qs Buyers & lawyers beware.
ONCA: Expired condo lien rights can’t be revived. Unpd common expenses aren’t damages recoverable by compliance order http://ow.ly/CK1zH
ONLST: Lawyer to pay $172K cost of prof misconduct investigation & prosecution re handling her own condo devlpmt. http://canlii.ca/t/gdqsv
HRTO: Only written settlements of human rights disputes are enforceable. http://canlii.ca/t/g8zkw Dismissal of case is relevant too, no?
ONSC: Condo corp may enter unit and remove dogs itself since owner won’t comply with earlier ruling. $10K in costs. http://canlii.ca/t/g8r77
ABQB: Condo owner can’t avoid/delay paying special assessment while his dormant counterclaim is pending. http://canlii.ca/t/g8r0f
ABQB philosophizes and then splits the difference in condo pet rule enforcement case. http://canlii.ca/t/g8r27
ONLRB sets the stage for YCC 42 to become a unionized workplace. As if things can’t get any worse for this condo. http://canlii.ca/t/g835r
ONLRB: With no protest from condo bd, security workers at infamous YCC 42 (320/30/40 Dixon Rd. Toronto) may unionize. http://canlii.ca/t/g8gwf
ONSC converts seemingly complex condo shared facilities dispute from application to action. http://canlii.ca/t/g8lp0
ONCA affirms condo bd’s contempt for breaching order but reduces penalty, reserves on $97K cost of contempt motion. http://canlii.ca/t/g8gcz
ONCA upholds condo by-law permitting board to disqualify directors after an “ethics review.” http://canlii.ca/t/g83w9
ONSC: Unit owner to pay her condo corp $49K for legal costs of lengthy rule enforcement case that settled late. http://canlii.ca/t/g80bl
ONSC: Meeting requisition with owners’ names printed (not signed) still valid. Condo Act to be construed liberally. http://canlii.ca/t/g7shd
HRTO removes condo directors from ethnic origin complaint but case vs. condo corp and mgmt firm to proceed. http://canlii.ca/t/g7ghc
ONSC evicts unit owner and guest for breaching court orders. OPGT controls the owner’s property; will likely sell it. http://canlii.ca/t/g7mrr
ONCA slashes two-thirds of the costs payable by condo directors for breaching court order. http://canlii.ca/t/gf1t9 Guess who pays the diff.
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