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…
Category: Caselaw
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…