The Ontario Condo Law Blog

The Ontario Condo Law Blog

Serving Ontario's condominium communities since 2008

Chris Jaglowitz

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Freaking awful

Posted in Condominium Act, 1998
There’s no sugar-coating it. The new prescribed forms under the amended Condo Act regulations are generally terrible. After spending more than 95 days working with these new forms and counselling and consoling condo owners, directors, managers across Ontario, we present this compilation of observations and suggestions. They are mostly critical but intended to be constructive.… Continue Reading

Lien registration is lawyers’ work

Posted in Case Studies, Financial Issues, Legislation & Regulation
A recent small claims court decision signals the end of condo management firms preparing, registering and discharging condominium liens in-house. Page v. Maple Ridge Community Management Ltd., 2017 CanLII 21772 began when a unit owner at YCC 34 failed to pay a special assessment in time. YCC 34’s management firm, Maple Ridge, used its in-house paralegal employee… Continue Reading

Accommodating disabilities: What medical evidence is required?

Posted in Articles, Living Together, Publications & Resources
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.… Continue Reading

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

Fall 2016 law reform update

Posted in Legislation & Regulation
With the change of season, our focus switches from sunshine and leisure back to the serious business of law reform. There are plenty of different items presently open for consideration.  Here are the most noteworthy for condominium stakeholders. Ontario New Home Warranties Plan Act (Tarion) In November 2015, the Ontario Ministry of Government and Consumer… Continue Reading

Ignoring bullying and harassment not an option for condo boards

Posted in Case Studies, Living Together
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… Continue Reading

CRA non-profit revenue findings slowly trickling out

Posted in Financial Issues
As if there was any doubt, Canada Revenue Agency has been closely watching condominium corporations and other non-profit entities to see how much money is potentially escaping taxation. This undertaking has a big name and big acronym: Non-Profit Organization Risk Identification Project (“NPORIP”). Through an access to information request filed 2 years ago, charity lawyer… Continue Reading

Introducing the Condominium Management Services Act, 2015 — Part 7: New Obligations

Posted in Legislation & Regulation
Now that the Standing Committee on Finance and Economic Affairs has concluded its public hearings and shifts to a line-by-line review of Bill 106 (of which Schedule 2 contains the proposed Condominium Management Services Act, 2015), we hasten to finish our review of the proposed CMSA. As reported in a previous instalment, obtaining and holding… Continue Reading

Introducing the Condominium Management Services Act, 2015 — Part 6: Transparency and Accountability

Posted in Legislation & Regulation
Though most condo management firms carry on honourable businesses that well-serve their clients (often under the direct leadership of their top brass who are personally involved in the operations and take ownership of problems), some firms demonstrate little or no commitment to accountability and transparency, whether in their operations or their ownership structure.  The CMSA… Continue Reading

Introducing the Condominium Management Services Act, 2015 — Part 5: Restricted Practice

Posted in Legislation & Regulation
In our last piece, we reviewed the threshold for being granted a license as a condo manager or management services provider.  Let’s now explore whether skirting those requirements is possible. Can someone manage condominiums without a license? Not legally. Section 34 of the CMSA prohibits unlicensed practice as a condo manager, as follows:… Continue Reading

Introducing the Condominium Management Services Act, 2015 — Part 4: Threshold

Posted in Legislation & Regulation
Before continuing our exploration of the CMSA, we thank our friends at the Ministry for pointing out that we had misnamed the CMSA in our earlier pieces as Condominium Management Standards Act when the correct name is Condominium Management Services Act.   We have corrected the title and text of the earlier pieces accordingly. In this… Continue Reading

Introducing the Condominium Management Services Act, 2015 — Part 2: Early Steps

Posted in Legislation & Regulation
In this second instalment of our close examination of the proposed new Condominium Management Standards Services Act, 2015, we look at the steps taken by the condo managers themselves to improve standards, forming the genesis of a true self-regulated profession and paving the way for Bill 106 to take root. Early steps to raise the… Continue Reading

Introducing the Condominium Management Services Act, 2015 — Part 1: Context

Posted in Legislation & Regulation
Condo manager licensing and regulation is the focus of our first in-depth examination of the changes proposed in Bill 106 (Protecting Condominium Owners Act, 2015). This is a natural choice considering that manager licensing and regulation constitutes the largest change in our condominium law since 1967, in terms of how condominiums in Ontario are operated,… Continue Reading

Condo law reform bill introduced

Posted in Condominium Act, 1998, Legislation & Regulation
The Province of Ontario has rolled out proposed new legislation to reform the existing Condominium Act, 1998 and establish mandatory licensing and regulation of condo managers. Following a careful review and elaborate public consultation process from 2012 to 2014, the Protecting Condominium Owners Act, 2015 was introduced in the legislature on May 27, 2015 as Bill 106.… 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

Common expense collections policy redux

Posted in Financial Issues, Governance
We published a piece last May recommending that condominium corporations enact policies to collect common expenses in an orderly, systematic way. Unfortunately, we continue to see condo boards deliberately delaying the commencement of power of sale proceedings on liened units. Such delay brings added cost, wasted board time, greater hardship on unit owners in trouble… Continue Reading

Superior housekeeping at Superior Court

Posted in Legislation & Regulation
Though 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
Until 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

The common expenses conundrum

Posted in Financial Issues
Many people who work with condominiums raised an eyebrow after reading a recent Toronto Star story entitled “Maintenance fees take a toll on Toronto condo owners.” The piece highlights the divergent philosophies about the interplay between common expenses and market values and the growing trend towards gathering, tracking and comparing common expenses data from building… Continue Reading