Bill 106 (Protecting Condominium Owners Act, 2015) was introduced for first reading in the provincial legislature in May 2015 and ultimately received Royal Assent in December 2015. However, Bill 106’s changes to the Condominium Act, 1998 (the “Act”) have not yet been proclaimed into force, presumably in large degree to the fact that regulations under…
Author: Dave
Human Rights
“Post No Bills” – Addressing Offensive Messages within Condominiums
by Dave •
A recent decision of the Human Rights Tribunal of Ontario, Welkiyi v. Rouge Valley Co-operative Homes Inc. 2016, confirms and explains the obligations of a ‘housing provider’ when discriminatory and harassing behaviour occurs within a multi-unit residential community. While the Rouge Valley decision involved a housing co-operative, it will become plain from the discussion below…
General, Legislation, New Condo Act
The Condominium Authority Under Bill 106 – Hopes and Fears
by Dave •
Bill 106 (An Act to amend the Condominium Act, 1998, to enact the Condominium Management Services Act, 2015 and to amend other Acts with respect to condominiums) was introduced in May 2015, recently passed second reading and at the date of this writing is being considered by Committee. The Condominium Authority One of the central…
General, New Condo Act
Ministry Introduces New Condominium Legislation – Quick Summary and Initial Impressions
by Dave •
On yesterday’s date, May 27, 2015, the Ontario government introduced the long awaited new condominium legislation in the legislature. The new legislation is entitled Bill 106, Protecting Condominium Owners Act, 2015 and adopts many of the recommendations made throughout a lengthy consultation process over a number of years with condominium owners and industry groups. As…
General, New Condo Act
Provincial Government Tips Hand on Condo Act Update
by Dave • • 0 Comments
It has been a while since the Ontario government has provided any updates on the status or content of the highly anticipated amendments to the condominium legislation. We have now received the first bit of news in quite some time, albeit indirectly. Buried deep within the 2015 provincial budget is a reference to administrative authorities…
Legislation, New Condo Act
New Act Update
by Dave • • 0 Comments
Earlier this week, Michelle Ervin of CondoBusiness magazine provided some news concerning the proposed new Condominium Act arising from a phone interview with the Minister of Government and Consumer Services David Orazietti. You can read the entire article here. In brief, the Minister stated that the intent is to introduce the new legislation during the legislatures…
Caselaw, Shared Facilities
Shared Facilities – Limitation Periods
by Dave • • 0 Comments
A recently reported decision of the Ontario Superior Court, TSCC 1487 v. Market Lofts Inc., addresses issues of limitations for condominium corporations seeking to recover amounts due under a Shared Facilities Agreement. In this case, the condominium sought recovery of $162,497.60 plus interest against the defendants relating to a period from 2006 to 2014. The…
Budget Deficiency, Caselaw
First Year Budget Deficiency — Court Decision
by Dave • • 0 Comments
First year budget deficiency issues rarely make it to the courtroom. Under the Condominium Act, 1998, such issues are to be determined by mediation and, if necessary, arbitration. Only if an arbitration decision was appealed would we see a reported court decision. We now have such a recent court decision, released on January 16, 2015: 90 St. George…
Alterations, Caselaw, Status Certificate
Landmark Court Decision: The Orr/Rainville Case
by Dave • • 0 Comments
The Ontario Court of Appeal released a landmark decision in Ontario condominium law in December 2014: Orr v. Metropolitan Toronto Condominium Corporation No. 1056. The facts of that case were essentially as follows. A unit owner in a condominium townhouse complex, without the knowledge of the Board or management, installed an unauthorized addition to the…
General
Welcome to the new Blog and the New Year
by Dave • • 0 Comments
Welcome. I am very excited to launch this blog as a way to communicate news and views on condominium legal matters. I hope you enjoy the content and the appearance/functionality of the blog. This is an interesting time in Ontario condominium law, especially as the Condominium Act is anticipated to be updated in the near…