The Condo Act and a condominium’s governing documents generally give a condo broad enforcement powers to ensure residents are abiding by the rules. Condos often turn to their lawyers to commence expensive legal proceedings as a reliable response to non-compliant residents. In assessing costs against a condo, a recent Superior Court of Justice decision should serve as a reminder to all condos that they should take reasonable steps to resolve disputes.
Continue Reading Always Act Reasonably – the Amlani Decision and a Lesson from the Court
Flame-shifting – Extinguishing Fire Code Violations
The City of Toronto recently hired over 300 new fire inspectors, pledging to inspect every high-rise building in the city
at least once a year. The Fire Code adopts a broad definition of “owner”, and, as a result, the city may lay Fire Code charges against unit owners, condo corporations, property managers, management firms and directors for the same infraction. However, there are a few precautionary steps condos can take to minimize exposure to a pesky Inspection Order or Notice of Violation.
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CAT’s out of the bag: The Tribunal’s first year
The Condominium Authority Tribunal, Ontario’s first and only online adjudication body, celebrated its first anniversary on November 1, 2018.
Envisioned as a one-stop shop of expert mediators and adjudicators helping condo boards and unit owners resolve condo disputes across Ontario, all entirely online, the CAT began accepting cases in November 2017. CAT’s initial jurisdiction is presently limited to condo records, which isn’t sexy but is important to unit owners struggling to access important records from their condo corporation. It’s also important for managers and boards to have clarity as to when records should not be produced, to protect the corporation and its owners.
From May to August 2018, the CAT released its first 8 decisions, covering a variety of scenarios. We will summarize those first 8 cases then offer a few lessons and predictions.
Continue Reading CAT’s out of the bag: The Tribunal’s first year