A couple of weeks ago, the Superior Court of Justice released an important decision, HCC 77 v. Mitrovic, regarding mandatory masks in condos. The court ordered two owners to wear a mask or face covering while on interior common elements but also granted an exception permitting them to travel on any interior common elements
On October 1, 2019, the prompt payment and adjudication regime of the Construction Act (the “Act”) came into force to improve payment and cashflow to contractors on construction projects. The changes apply to any contract between a contractor and property owner for the supply of services or materials for any alteration, addition or capital repair to the land (among other work). Any condo who is party to such a contract is subject to the “28-7-7-7” prompt payment clock and adjudication regime.
The changes also amended traditional construction lien legislation, including the deadlines to preserve and perfect a lien and holdback releases.
This is Part I of our two-part series, where we explore how these changes impact construction contracts, specifically the CCDC 2 Stipulated Price Contract, and projects at condos now that we have had about 1.5 years (and a pandemic!) to reflect on it.
Lozano v. TSCC 1765 was one of our Top 10 cases for 2020 because it reaffirmed that a higher negligence threshold is not applicable for s.105 chargebacks. You can read a summary of the case in our newsletter, Condo Alert!, Winter 2020.
Lozano’s insurer (who paid the insurance deductible) appealed the 2020 decision, asking the Divisional Court to re-write s.105 of the Condo Act and adopt a “robust” negligence test for liability under that section. The court rejected this proposal and dismissed the appeal a few days ago. …
We recently blogged about the mandatory registration for short-term rental operators in the City of Toronto. You can read it about it here.
You can now report short-term rental addresses that are operating without registration, not used as a principal residence, unsafe, causing a nuisance or for other non-emergencies, using 311’s online …
The courts kicked-off the year with the release of a decision discussing condominium arbitrations and the importance of explicit appeal rights in arbitration agreements.
This case involved a unit owner, who operated a legal cannabis store at the condominium building. The condo believed this breached a rule prohibiting cannabis sale at the property. Through an…
There are limited circumstances where directors of condominium corporations can be personally liable for oppressive conduct under Condominium Act, 1998.
In a recent Ontario Superior Court of Justice decision, the declarant (also a unit owner at a vacant land condominium corporation) sued the condominium corporation and the individual directors. The allegations of oppressive conduct by the condo and directors included exaggerating construction deficiencies and not repairing them at the same time, implementing rules that impeded the declarant’s ability to rent units and adding these issues to status certificates (among other allegations). The condo corporation brought a motion to throw out the claim against the individual directors under the rules of the court.
The court threw out the claim against the individual directors because:
- the declarant did not provide sufficient particulars as to what each individual director is alleged to have done, as differentiated from the condo corporation’s alleged conduct; and
- the alleged conduct of the individual directors did not result in any personal benefit or increase their control in any way; and
- there was no reasonable basis in the claim for the court to decide whether the alleged oppression could be rectified by a monetary order against the directors personally.
Most condos now conduct business through electronic meetings, which can be recorded by the host. Meeting recordings are not a novel concept but our recent dependence on electronic meetings has given them new life. Minute takers have historically recorded in-person meetings to aid in accurate minutes and to best recall the details of important discussions. Similarly, an electronic meeting recording can serve the same purpose – ensuring accuracy and transparency in meetings where there is a broad interest to owners but owners can’t attend in the traditional sense. We are never against something that promotes but also clearly memorializes (hopefully) fair process.
The electronic condo meeting and recording should be for the benefit of the condo and its owners. To ensure that, we’ve developed best practices for electronic meeting recordings, which can translate to in-person meetings too.…
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?…
As we blogged on July 14, 2020 – The Ministry of Government and Consumer Services intends to proclaim a “Condominium Guide” into force effective December 1, 2020. Submissions from the public on the proposed contents are due August 14, 2020.
We made brief submissions on further potential headings for the Condo Guide table of contents. These include status certificate and pre-construction condo purchase topics, first year deficiency and funding issues, conversion condominiums, and touch on the requirements for condo insurance, owner insurance and an explanation of standard unit vs. improvement coverage
In our view, the suggested contents are comprehensive and hopefully the plain-language content will be too!
In making our short notes, we had longer thoughts. Here are some items we hope get fleshed out in the Condo Guide content: …