To kick off the new year, we’re reviewing the Condo Act in a series we’re calling “Back to Basics”. We’ll cover common topics and issues that often arise in condo living. So, follow along and we hope you’ll gain an appreciation of these foundational concepts.
In Part 1 of this series, we discuss a topic
Happy New Year to our readers.
We hope 2024 is a year of peace, balance and prosperity. We present our top ten condo law cases of 2023 in our newest issue of Condo Alert!
Here’s hoping the past decisions help us in navigating noise, nuisance vs. maintenance, repair and chargeback disputes and promote our oft
Toronto often ranks amongst the dog-friendliest cities in the world. Sadly, this sentiment does not necessarily apply to condos in the city. Through its governing docs, condos can impose an outright prohibition on dogs from entering the premises; it can also impose weight, size or breed-related prohibitions. However, these prohibitions do not take precedence over
John Warren, a long-time Director & Past President of CCI-Toronto, was everyone’s friend in condo world. He passed away peacefully on September 29, 2023.
John received his CA designation in 1973 and spent 2 years at a large audit firm in Brussels, enabling his wife, Beatrice and him to tour around Europe.
He completed his
Condo living is unpredictable and there’s always something new…yet I write about chargebacks, indemnity clauses and Amlani all too often. The law is settled: condos cannot charge back enforcement-related costs – specifically legal letters – without a court order, despite how any indemnification provisions are drafted. As the CAT and Courts have reaffirmed:
It is
Our Summer 2023 issue of the Condo Alert! reports on a grab bag of items including upcoming changes to the Condo Act and condo adjacent matters.
Enjoy the rest of the summer,
Andrea
An owner brought a CAT application alleging she was experiencing unreasonable noise from a common element garage grate and unreasonable noise, odour, smoke and vapour from a common element industrial vent. At Stage 3, the condo made a preliminary submission that the CAT did not have jurisdiction to hear the dispute because it was a
Owners are not allowed to modify the common elements as they please. Though owners have broader rights regarding their individual “units”, the line between “units” and “common elements” can often blur, leading to escalated disputes.
In Carleton Condominium Corporation No. 132 v Newton , an owner installed a new garage door and front slab door
The Condo Act requires condominium corporations to insure against damage to the common elements and (standard) units that is caused by major perils such as fire or water escape. Picture this: you come home from a long day at work, only to find your unit flooded because of a broken dishwasher tube. Fortunately, your condo
Parties seeking costs awards from the CAT must understand that the Tribunal has the discretion to award costs: even if a party is entirely successful on their claim, there is no guarantee it will receive its full costs, if any. In January 2022, the CAT published a practice direction which informs the public how the
