The Devil is in the Details – Top Ten Issues for the Regulations under the Condominium Act, 1998

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…

“Post No Bills” – Addressing Offensive Messages within Condominiums

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…

Ministry Introduces New Condominium Legislation – Quick Summary and Initial Impressions

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…

New Act Update

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…

First Year Budget Deficiency — Court Decision

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…

Landmark Court Decision: The Orr/Rainville Case

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…