Specific Legal Issues


Manipulating Mediation (Fall 2017)
Forced Versus Voluntary Mediation
By Marc Bhalla

Decisions From the Courts (Fall 2017)
Condo Corporations Address the Harassment of Managers & Staff
By Mario Deo & Dalia Yonadam 

Protecting Condominium Owner's Act (Fall 2017)
The PCOA Received Royal Assent on December 3, 2015
By Brian Horlick & Luis Hernandez 

Decisions From the Courts (Summer 2017)
Harassment of Managers or Staff is a Serious Problem for Condo Corporations That Must Be Addressed
By John de Vellis and Joel Berkovitz

Airbnb's Kryptonite (Spring 2017)
Single Family Use Is Going To Become The Most Popular Condo Term In 2017
By Joy Mathews

Decisions From The Courts (Spring 2017)
Airbnb's Allocating Common Expenses And Easement Rights
By Patrick Greco & Megan Mackey

The Legal Ramifications Of Drones (Spring 2017)
Not Everything Fun Is Safe
By Richard Elia And Patricia Elia

Fixed Term Employees (Spring 2017)
Employers Must Proceed With Caution When Hiring
By Deborah A. Howden 

LCBO Home Delivery (Winter 2016)
Are We Exposing Ourselves To Liability?
By Josh Milgrom 

Decisions From the Courts (Winter 2016)
By Fine & Deo, Barristers and Solicitors

Remembering Tendering (Fall 2016)
If You Do, You Can Make It Work Well For Your Condominium Corporation 
BY WARREN RAGOONANAN

Decisions From the Courts (Fall 2016)
The Impact on Your Condominium Corporation 
BY BRIAN HORLICK AND TIMOTHY DUGGAN

The Standardized Proxy Form (Fall 2016)
There Are Changes to the Distribution, Use and Collection of Proxies
BY JASON RIVAIT AND JOY MATHEWS 

Competition Bureau Investigation (Fall 2016)
What Does This Investigation Mean for Condo Corporations?
BY SHAWN PULVER 

HOT OFF THE PRESSES: A Huge Win for the Condo Community! (Fall 2016)
Landmark Decision Allows Condo Corporation to Unilaterally Amend Oppressive Shared Facilities Agreement
BY ARMAND CONANT, DEBORAH HOWDEN AND JOHN DE VELLIS 

Decisions from the Courts (Summer 2016)
by Megan Mackey

Smoking in Condos (Summer 2016)
How Many Laws Do We Need?
by Brian Horlick and Timothy Duggan

Adaptable and Flexible (Spring 2016)
The Future of Administrative Authorities
by Armand Conant and Joel Berkovitz

Decisions from the Courts (Spring 2016)
by Richard Elia, Megan Molloy and Victor Yee
 

Holiday Parties (Winter 2015)
Board Should be Mindful of Legal and Practical Issues
by Josh Milgrom

Decisions From the Courts (Winter 2015)
by Brian Horlick and Timothy M. Duggan

A Costly Fight (Winter 2015)
Enforcement Applications
by Shawn Pulver

Governance (Fall 2015)
How Condominiums are Run
by Armand Conant

New Condo Act (Fall 2015)
Effect on Directors
by Joy Mathews and Jason Rivait

Dispute Resolution (Fall 2015)
by Brian Horlick and Timothy Duggan

The Oppression Remedy (Fall 2015)
A Right to Carefree Living
by Megan Mackey

See You in Cyberspace (Fall 2015)
Online Dispute Resolution
by Colm Brannigan

New Condo Legislation Update (Summer 2015)
by Armand Conant

Chose Your Own Adventure
The Uncertainty of Litigation Versus Mediation (Summer 2015)
by Marc Bhalla

Vape ‘Em if You’ve Got ‘Em
E-Cigarettes and Your Community (Summer 2015)
by Armand Conant and Joel Berkovitz

Status Certificates
Their Increasing Importance (Spring 2015)
by Shawn Pulver

Condo Brothers From Different Mothers
To litigate or mediate disputes – that is the question (Spring 2015)
by Joy Mathews and Jason Rivait

When is a Condo a Hotel? (Winter 2014)
Is it Time to Regulate Services Like Airbnb?
by Jason Rivait

New Condo Blues (Winter 2014)
Are Developers Off the Hook for Defects?
by Armand Conant and John DeVellis

How to Get Away With Murder in Condominiums (Winter 2014)
by Antoni Casalinuovo and Patricia Elia

The Amalgamation of Swan Lake Village (Fall 2014)
by Tania Haluk

Unlicensed Rooming Houses (Summer 2014)
What’s a condo to do?
by Megan Mackey

Condo Law Issues (Summer 2014)
A new series devoted to difficult condo law issues
by Jason Rivait and Joy Mathews

A Simple Guide to Police in Condos (Spring 2014)
How to Respond When the Police Want In
by Ashley Shaffer

Decisions From the Courts
The Impact on Your Condominium Corporation (Winter 2013)
by Brian Horlick

Condo Ontario?
A Proposed New Office to Deal With Condo Issues (Winter 2013)
by Armand Conant

Unit Owners Take On a Condo Board (Fall 2013)
by Sharon Vogel

Condo Act Review Update (Fall 2013)
by Armand Conant

Recreational Facility Rules(Fall 2013)
by Barbara Holmes

Decisions From the Courts(Fall 2013)
by Brian Horlick

Breaking Bad The Threat of Meth Labs (Fall 2013)
by Dahlia Yousif

Transformative Mediation and Condominium Conflict (Fall 2013)
by Marc Bhalla

Lies, Politics and Requisitions (Summer 2013)
by Benjamin J. Rutherford

Decisions From the Courts (Summer 2013)
by Brian Horlick

Condominium Act 1998 – Review Process Update (Spring 2013)
by Armand Conant

Decisions from the Courts: The Impact on Your Condominium Corporation (Spring 2013)
by Brian Horlick

Noise Complaints in Condos: The Perils of Failing to Enforce Condo Rules (Spring 2013)
by Rod Escayola

Decisions from the Courts: The Impact on Your Condominium Corporation (Winter 2012)
by Brian Horlick

Condominium Act Reform Full Steam Ahead – Despite Prorogation (Winter 2012)
by Armand Conant

ACMO Proposes A Self-Regulation Model (Winter 2012)
by Dean McCabe

Conflict Between Condominium Declaration and Religious Practices (Fall 2013)
by Joseph Salmon

Look Out Below! Some Thoughts on Falling Balcony Glass (Fall 2013)
by Brian Horlick

Parrots, Dogs and Parking: Best Practice Tips from the Courts in Compliance Matters (Fall 2013)
by John De Vellis

Occupancy Standards in Condos - How Many is Too Many? (Summer 2012)
by Barbara Holmes

Decisions From The Courts: The Impact on Your Condominium Corporation (Summer 2012)
by Brian Horlick

Health and Safety - Who Cares? (Summer 2012)
by Jeff Jeffcoatt

Class Actions: The Wave of the Future for Condo Litigation? (Spring 2012)
by Sharon Vogel and Emily Fan

Successor Building Service Provider - Bill 7 – A Refresher (Spring 2012)
by Armand G.R. Conant and Joy Matthews

Decisions From The Courts: The Impact on Your Condominium Corporation (Spring 2012)
by Brian Horlick

Tendering: What You Need to Know (Spring 2012)
by Dra┼żen Bulat

MP Waves Red Flag (and White) at Condominium Corporations (Winter 2011)
by Ron Danks

Condominium Swimming Pools Potential Liability for Condominium Corporations (Winter 2011)
by Denise Lash and Barbara Holmes

Decisions From The Courts: The Impact on Your Condominium Corporation (Winter 2011)
by Brian Horlick

Government Commits to Open the Condominium Act, 1998: Condo Forms Amended as of September 1, 2011 (Winter 2011)
by Armand Conant

Decisions from the Courts: The Impact on Your Condominium Corporation (Fall 2011)
by Brian Horlick

Liability Issues: Construction Sites, Trades People and Volunteers (Fall 2011)
by Lou Natale

Legislative Brief and Other Government Initiatives (Fall 2011)
by Armand Conant

A Personal Matter: Condominum Corporations, Unit Owners and the
Right to Privacy
 (Summer 2011)
by Brian Horlick

You Can’t Say That! - Dealing with Defamation in Condos (Spring 2011)
by Brian Horlick

Disclosure Statements: You Just Bought A Condo – Surprise! (Spring 2011)
byWarren Kleiner

What Is “Reasonable”? - Examining Common Expense 
Collection Post-Jaworowski
 (Winter 2010)
by Brian Horlick

Hoarders in Condo Units (Winter 2010)
by Denise Lash

The Legal Mine Field of Condominium Rule Enforcement (Summer 2010)
by Barrie R.N. Attzs

Terminating a Superintendent (Summer 2010)
by Rhonda Shirreff

Ontario’s NewWorkplace Violence and Harassment Laws: The Effect on Condominium Corporations (Summer 2010)
by Brian Horlick

Consistently Inconsistent: Making Sense of Recent Human Rights Tribunal Decisions (Spring 2010)
by Brian Horlick

The Gutting of s.97 and the Abandonment of Certainty (Spring 2010)
by Audrey Loeb

Want to Pass a New Pet Rule? - Prepare to be Challenged! (Winter 2009)
By Michael Pascu

Condominiums and Small Claims Court (Winter 2009)
by Kristen Bailey

When Does Accommodation Become Hardship? (Winter 2009)
by Brian Horlick

Condominium Mediation: Advantages and Benefits (Summer 2009)
by Lavonne McCumber Eals

Second-hand Smoke: How Many Laws can Dance 
on the Head of a Cigarette?
 (Summer 2009)
by Brian Horlick

Duty to Accommodate (Summer 2009)
by Warren D. Kleiner

Obligations and Liabilities of a Condominium Corporation 
and its Board of Directors
 (Summer 2009)
by Michael H. Clifton

Shared Facilities Agreements: SoWho’s in Charge? (Summer 2009)
by Lou Natale

Hung Out To Dry: New Regulation on the Installation and 
Use Clotheslines in Ontario
 (Spring 2009)
by Brian Horlick

C-45 Update (Spring 2009)
by Jeff Jeffcoatt

Barbecues and Balconies: Reducing the Risk (Spring 2009)
by John Moher

The Human Rights Complaints Trifecta: Family Status, Pets & Disability! (Spring 2009)
by Rhonda Shirreff and Kevin Inwood

Recent Changes to Toronto Municipal Code (Spring 2009)
by Diana Carr, Sally Thompson and Cathy Lee

Certainty Prevails Over Fairness when Applying Limitations Law (Spring 2009)
by Christopher Jaglowitz

Schlock, Schmooze & Superficiality - Choosing Your Professional Partners Wisely (Winter 2008)
by Michael H. Clifton

Conflict in Condominiums:Waste or Value-Added? (Winter 2008)
by Richard A. Elia

The Power of Proxies: Uses and Abuses (Winter 2008)
by Lou Natale

Section 98 - Consequences of Failing to Comply (Fall 2008) 
by Avril Lavallee and Michael Clifton

Crimes in Condos (Summer 2008) 
by Park Thompson

Hiring Practices and Human Rights: Don’t Get Too Personal (Summer 2008) 
by Rhonda Shirreff

Enforcing Your Lien in a Recession (Summer 2008) 
by Lou Natale

Making Up Rather than Breaking Up - 
Dispute Resolution Techniques and Processes
 (Summer 2008) 
by David F. Alexander

The Description: Lost in the Shuffle?
by Robert M. Mullin

Amalgamation (Spring 2008)
by J. Robert Gardiner

Requisition Meeting (Spring 2008)
by JohnWarren, CA
Providing owners with information early could defust a Requisition Meeting.

Revisiting the “Open Book” (Spring 2008)
by Michael H. Clifton, M.A., LL.B.
Every right of any kind can only be exercised within bounds.

Vacant Land Condos - Not Necessarily Vacant After All (Spring 2008)
by Janice Pynn

Condominium Records: Still an “Open Book”?
by Robert Mullin

Odyssey of a Lawyer being Appointed Administrator – Part One 
by Armand Conant

Standard Unit By-law - How Does This By-Law Work?
by Marco Graziani and Mario Deo
Without clarification of this bylaw, disputes may arise between a corporation and unit owner after damage occurs in a unit.

What Happens if Boards Don’t Abide by the Condo Act?
by Donald Graves
The Condo Act requires board members to act in good faith and due diligence i.e. a fair, impartial and consistent application of the condo rule.

Social Host Liability
by Denish Lash, ACCI, FCCI

Caught in the Act? - An Important Update on the Private Security and Investigative Services Act, 2005
by David Crudele, B.A., LL.B.
Corporations employing security guards, concierges, superintendents or other security-like personnel should become familiar with new Legislative Act.

Dealing with Marijuana Grow Operations
by David E. Thiel
Steps to be considered both to protect the building and health of the residents as well as
attempting to maximize recovery of costs and expenses.

Beware of New Asbestos Regulation
by Gina Cody, P.Eng., M.Eng., Ph.D., ACCI, FCCI
There is no denying that asbestos is toxic, so it's imperative to comply with Ontario's new regulations.

Proposed Condominium Information Network
by J. Robert Gardiner, B.A., LL.B., ACCI, FCCI

Some information on the possible establishments of a Condominium Information Network ("CIN")

Proposed Condominium Information Network
by J. Robert Gardiner, B.A., LL.B., ACCI, FCCI

Some information on the possible establishments of a Condominium Information Network ("CIN")

Legislative Update
by J. Robert Gardiner, B.A., LL.B., ACCI, FCCI

Several provincial statutes affecting condominiums are currently in the works, or have recently been enacted.

More Confusion Regarding Pets
by Greg Marley

The author argues that this particular case fails to follow the long line of established precedents and failed to follow the Court of Appeal which is binding on the lower courts.

Tenant Issues - Notify Owner about Tenant's Default
by Patricia Conway

The unit owner must be kept informed and involved and be notified consistently regarding tenant problems.

Tenants Must Comply with The Condo Act
by Denise Lash, B.Sc, LL.B., ACCI, FCCI

Informing tenants as to what their obligations are from the outset may reduce the likelihood of breaching the condominium documentation.

Case Law Update: Divisional Court Decision Re: Estoppel Certificates
by Audrey Loeb, LL.B, LL.M, ACCI

Condo Lawyer, Audrey Loeb provides the details on a recent Divisional Court of Ontario decision regarding a case where a corporation did not disclose the possibility of a special assessment it was aware of on an Estoppel Certificate to a new purchaser. As the author notes, this case has actually raised two issues of concern to both condo owners and corporations.

Before and After Turnover (Fall 2004)
by J. Robert Gardiner, B.A., LL.B., ACCI, FCCI

The first several years of a Condominium's life might keep Directors hopping, and Condo Lawyer, Bob Gardiner outlines all the issues that they need to be aware of to ensure a successful turnover.

The Case of the Blue Stained Deck (Summer 2004)
by Michael Pascu, LL.B.

Should it take almost two years for a condominium corporation to obtain compliance by a unit owner with it's declaration and rules? Of course not, but as author Michael Pascu explains, it did in one particular scenario using the mediation and arbitration dispute resolution process under Section 132 of the Condominium Act, 1998.

Directors' Liability: Directors and Officers - Your Standard of Care (Spring 2004)
By: John McMillan LL.B

A closer look at what "to act honestly and in good faith and to exercise the care diligence and skill that a reasonably prudent person would exercise in comparable circumstances" - section 37(1)(a)(b) really means for directors.

Workplace Safety - Condominium Corporation's Liability (Spring 2004)
By: Roger Tickner, CRSP

Aimed to improve workplace safety, Bill C-45 will now require employers and organizations such as condominiums to treat workplace safety issues as a key priority - or possibly be held criminally responsible.

What happens at a Mediation?(Winter 2003)
By: David Alexander, QC

Author, David Alexander leads the reader through the process of mediation, outlining various styles, benefits and possible outcomes.

How Do Property Managers and Condominium Corporations Collect Personal Information? Let Me Count the Ways (Winter 2003)
By: Karen A. Spencer, LL.B

A look at the specific types of "collections of information" condominium corporations engage in, on a regular basis, which would fall under the jurisdiction of PIPEDA.

PIPEDA and The Condominium Act - Problems and Practice (Winter 2003)
By: John Deacon, LL.B

Author, John Deacon takes a look at the practical impact of the new legislation upon everyday activities in operating a condominium corporation in the Province of Ontario.

Happy New Year - May I See Your Privacy Policy Please? (Winter 2003)
By: John McMillan, LL.B.

January 1st, 2004 will see new requirements under Federal privacy legislation, the Personal Information Protection and Electronic Documents Act (PIPEDA). Author, John McMillan takes a look at the ramifications of this Act for Property Managers and Condominium Corporations.

Alterations to Common Elements - A Headache for the Board? Not Anymore! (Summer 2003)
By: Michael Pascu LL.B

Under the old Condominium Act, whenever a unit owner proposed an alteration to the common elements, Board members invariably reached for the medicine cabinet for fast headache relief. Well, not anymore! A look at Section 98 of the new condominium Act and the relief it has brought on this issue.

SARS - Employment Concerns (Spring 2003)
By: Linda Kardum, LL.B

Condominium corporations and property management firms are not immune from SARS. Both Corporations and their Property Managers need to be aware of their rights and obligations with respect to SARS-related employment issues currently facing all employers. Lawyer, Linda Kardum provides an overview of the key issues to consider.

Condominium Regulations 48/01 and 49/01 (Spring 2002)
by J. Robert Gardiner B.A., LL.B., ACCI, FCCI, Gardiner Miller Arnold LLP

Once again, author Bob Gardiner is able to simplify complicated legal jargon for directors and managers. In this article he navigates the reader through the provisions of Regulations 48/01 and 49/01 and the forms associated with them.

Toronto's Property Standards (Winter 2001)
by J. Robert Gardiner B.A., LL.B., ACCI, FCCI, Gardiner Miller Arnold LLP

'Chapter 629 of the City of Toronto's new Municipal Code requires all properties to comply with minimum standards for repairs, maintenance, health, safety, cleanliness, occupancy, nuisance-avoidance and the appearance of an array of building components and properties. Author Bob Gardiner enlightens property managers and boards of directors on their scope and effect in a condominium environment'.

Technical Dispute Resolution in Condominiums (Summer 2001)
by Tom Lanczi, Con-Serve Group Ltd

Sources of conflict for condominium owners can be in the design, construction and operation phrases of the condominium building. During the design phase, a problem could arise when a developer decides to change the design to stay within budget. Selecting a good mediator is important to resolve these conflicts.