In addition to people, pets and parking issues, this autumn’s harvest of condo-related court and tribunal decisions includes a bumper crop of court of appeal cases dealing with:

  • Expired condo liens;
  • Contempt of court by directors;
  • Bylaws permitting in-house “ethics reviews” for directors; and
  • Bylaws releasing developers from construction warranties.

Plenty of interesting reading.

HRTO

The first half of 2014 brought a bumper crop of condo-related court and tribunal cases from across Canada.   The race for the top 10 cases of the year is heating up!

ONSC nixes unit owner’s case vs condo & bd over previously-litigated issues. Good discus’n re liability of directors. http://canlii.ca/t/g23p8 

HRTO: For giving condo a binding release, fired super’s sexual orientation complaint dismissed as abuse of process http://canlii.ca/t/g298x 

ONSC imposes terms on condo unit owner for violent, antisocial outbursts, but not sale of unit. http://canlii.ca/t/g2b2r 

ONSC awards condo costs of $37K in hotly contested compliance application where sale order requested but denied. http://canlii.ca/t/g2w8t 

ONSC: Claim vs landscaper made 3 yrs after slip&fall may proceed, but condo’s x-claim vs landscaper statute-barred. http://ow.ly/rNMvI 

ONSC: Condos who snooze, lose. Expired lien rights cannot be revived. http://ow.ly/rSH9j  
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While mediation and arbitration have been mandatory for most types of condo disputes for over 12 years, it seems that there are still plenty of condo cases finding their way into the courts.  According to the scuttlebutt, the judges are starting to notice this, and they apparently aren’t too happy with the volume of people, pets and parking cases clogging up their dockets.

Though I was at first skeptical that the number of condo cases is increasing to epic proportions, tallying up the reported decisions released since our last batch on August 27 is telling.  While the cases we’ve tweeted in the past three months include cases from tribunals and courts of other provinces, the Ontario court cases shown below are probably just the tip of the iceberg when you consider that most court decisions are not sufficiently substantive or interesting to be reported.  In other words, there are probably a lot more condo cases out there that we haven’t heard about.   No statistics are kept and there’s no simple way of keeping track of them, but it’s probably safe to say that there are a lot and that their number is growing.

Here’s the latest bunch, and a big one at that!   As always, follow me on Twitter to stay ahead of the curve with live feed.


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