The City of Toronto has recently announced that the registration system for short-term rental operators or hosts will launch on September 10, 2020. Homeowners who rent their principal home or condo on a short-term basis (a period of less than 28 consecutive days) must register with the City by the end of year and renew
As of August 15, 2020, gyms and recreation spaces are allowed up to 50 patrons for each indoor sport or fitness room, with physical distancing of at least two meters.
Now that Ontario has eased gym restrictions, condominium corporations should review their amenities reopening protocol, which might include a requirement that users sign a waiver of liability before being allowed access.
But are waivers enforceable?
When the City of Toronto first enacted its mandatory mask by-laws, condominiums were noticeably exempt. But after much feedback, the City of Toronto has amended its mandatory mask by-law to require masks in interior condo common elements such as hallways and elevators. By August 5, all Toronto condominium corporations must adopt a mandatory mask policy.…
It is well known that condominiums owe a duty to accommodate persons with disabilities. It is less clear, however, what constitutes adequate proof of a disability. Ambiguous medical notes containing no meaningful details are often the only documentation given to condo boards and managers, who must decide whether the legal threshold for disability is met.
Thankfully, the Ontario Human Rights Commission recently clarified this issue. On February 1, 2017, it released a new policy statement on medical documentation to be provided when disability-related accommodation requests are made.…
Continue Reading Accommodating disabilities: What medical evidence is required?
April 13, 2016 was International Day against Bullying, Discrimination, Homophobia, Transphobia, and Transmisogyny, better known as the “International Day of Pink.” A recent Ontario Human Rights Tribunal decision demonstrates that condo boards must apply the Day of Pink concepts every day of the year.
In Welykyi v. Rouge Valley Co-operative Homes Inc., the Tribunal chastised a co-operative housing corporation for not responding seriously, swiftly or effectively to a series of nasty, discriminatory and offensive messages against specific residents distributed by unknown perpetrators. The 10 affected residents each made a human rights complaint to the Tribunal that were heard together and addressed in a single decision.…
Continue Reading Ignoring bullying and harassment not an option for condo boards
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 and discharging the duties of office shall,
(a) act honestly and in good faith; and
(b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.
While the wording of this standard of care seems pretty simple, some directors don’t entirely understand what it means. A recent Superior Court case illustrates that some directors don’t understand it at all, or don’t care.…
Continue Reading A reasonably prudent director
To encourage people to carefully consider and protect their families, assets and affairs, the Ontario Bar Association has made April its “Make a Power of Attorney Month.”
A power of attorney (“POA”) is a legal document that gives someone else the right to act on a person’s behalf. These documents can be used to oversee personal care or to handle assets and property, and can be customized to suit the precise requirements of each person. …
Continue Reading Powers of attorney essential for condo unit owners
The massive ice storm that recently devastated the Toronto area felled whole trees and large branches. This damage to the urban canopy knocked out electrical service to hundreds of thousands of people and caused untold property damage.
With the post-storm clean-up now underway and expected to last several weeks, condominium managers may need guidance dealing with trees that fell from neighbouring properties onto condominium common elements.
Ownership of a tree is usually clear-cut – trees belong to whoever owns the land on which the tree is situated. If, however, a tree’s trunk is growing on the boundary between adjoining lands, section 10(2) of the Forestry Act provides that the tree is the common property of both owners. But what is a trunk? Luckily, the Ontario Court of Appeal released a decision just a week before the ice storm clarifying that, for the purpose of the Forestry Act, the “trunk” is “that part of the tree from its point of growth away from its roots up to where it branches out to limbs and foliage.”
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…
Just because the police won’t bust up licensed marijuana grow ops doesn’t mean that a condo board has no power to deal with grow ops that create an unsafe condition or nuisance or other violation of the declaration or rules.…
Continue Reading Condos tougher than feds on licensed grow ops