A February 2009 decision of the Alberta Court of Queen’s Bench should be added to the list of notable condo cases for 2009.
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Top 10 condo law cases of 2009
As 2009 drifts into the history books, we look back at some of the notable condo law decisions made by courts and tribunals in the year gone by.
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Court of Appeal smokes the “private club” defence
Anyone still trying to circumvent Ontario’s anti-smoking laws by operating as a “private club” should consider this recent advice from the Ontario Court of Appeal: Don’t bother.
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Papers from ACMO Legal Grab Bag Luncheon
Here are the papers from the ACMO Legal Grab Bag luncheon held November 27, 2009.
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Modifying exclusive use common elements to accommodate disabilities: Who pays?
A recent decision of the Ontario Human Rights Tribunal offers guidance on who pays for changes made to exclusive use common elements for the purpose of accommodating physical disability.
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The Supreme Court on directors’ fiduciary duty
In December 2008, the Supreme Court of Canada released its reasons in the case of BCE Inc. v. 1976 Debentureholders. The decision contains critically important lessons for condominium directors.
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Restraining order granted to stop harassment by unit owner
Condo managers and directors can find good news in the April 2008 Ontario Superior Court decision in MTCC 932 v. Lahrkamp, [2008] O.J. No. 3885. This was a case brought by a condominium corporation against a “self-styled watchdog” unit owner who, while opposing lobby renovations, made repeated requests for records and then
Caselaw Roundup from 2008 ACMO/CCI Condo Conference
The 12th Annual Condominium Conference, held this past Friday and Saturday in Markham, was a great success and very-well attended. Congratulations to CCI-Toronto and ACMO!
Among the most anticipated regular features of this conference is the legal expert panel, with their bizarre stories from the trenches and headscratcher court cases. This year’s panel