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. 

ONCA upholds condo bylaw releasing devl’per from all construction warranties except Tarion.  Buyers & lawyers beware.

ONCA: Expired condo lien rights can’t be revived. Unpd common expenses aren’t damages recoverable by compliance order 

ONLST: Lawyer to pay $172K cost of prof misconduct investigation & prosecution re handling her own condo devlpmt. 

HRTO: Only written settlements of human rights disputes are enforceable.  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. 

ABQB: Condo owner can’t avoid/delay paying special assessment while his dormant counterclaim is pending. 

ABQB philosophizes and then splits the difference in condo pet rule enforcement case. 

ONLRB sets the stage for YCC 42 to become a unionized workplace. As if things can’t get any worse for this condo. 

ONLRB: With no protest from condo bd, security workers at infamous YCC 42 (320/30/40 Dixon Rd. Toronto) may unionize. 

ONSC converts seemingly complex condo shared facilities dispute from application to action. 

ONCA affirms condo bd’s contempt for breaching order but reduces penalty, reserves on $97K cost of contempt motion. 

ONCA upholds condo by-law permitting board to disqualify directors after an “ethics review.” 

ONSC: Unit owner to pay her condo corp $49K for legal costs of lengthy rule enforcement case that settled late. 

ONSC: Meeting requisition with owners’ names printed (not signed) still valid. Condo Act to be construed liberally. 

HRTO removes condo directors from ethnic origin complaint but case vs. condo corp and mgmt firm to proceed. 

ONSC evicts unit owner and guest for breaching court orders. OPGT controls the owner’s property; will likely sell it. 

ONCA slashes two-thirds of the costs payable by condo directors for breaching court order.  Guess who pays the diff.

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