Condominium Law Practices Chit-Chat – Qtr2/20 | Condorary

Estimated reading time: 6 minutes

Culture » Ontario Condominium Culture Blog » Ontario Condominium Real Estate Law Practices » Condominium Law Practices Chit-Chat – Qtr2/20 | Condorary

Welcome to the Ontario condominium real estate law practices field in my condo home library, the Condorary.

Is there more to living than hiding from an invisible virus? Of course, let’s talk about it.

If competence is the enemy of adversity, by all means get some, get some more from experts on condominium issues, organize it and use it. 

Which condominium law practices of lawyers shine brilliantly through public engagement in education of condominium managers and condo owners through organizations such as ACMO and CCI chapters or are otherwise committed to assisting current and future clients in solving their problems? 

Are there other legal stars in the provincial constellation? Just like a shooting star in the night sky, a few will wink in and out of here at hyper-warp speed while others remain pinpoints of faint light to find elsewhere. We witnessed 3 twinkle through in the prior quarter.

The second quarter consists of 140 posts (written & recorded) by 8 condo law firms (alphabetically listed) below with a minimum 85 (60.7%) of them related to COVID-19 for anyone who wishes a deeper immersion in this faster-than-a-streaking-meteor-changing topic. 

Have an interest in registering for a live podcast or webinar to ask questions? Visit the websites of the legal professionals below who offer them for the date and time of their next scheduled event.

How to Use

Access to any law practice is formatted as follows: Click on the title of their article to arrive at the latest post on their blog or article collection. Click on the law firm name to go to their website. Click on an editorial selected topic of interest for the actual post.

Law Practices Index

Davidson Houle Allen LLP  – Ottawa
Elia Associates Professional Corporation – Oakville, Barrie, Toronto, Ottawa
Fogler, Rubinoff LLP  – Toronto
Gowling WLG (Canada) LLP  – Kitchener-Waterloo, Toronto, Ottawa
Horlick Levitt Di Lella LLP  – North York
Lash Condo Law – Toronto
Miller Thomson LLP  – London, Kitchener-Waterloo, Guelph, Toronto, Vaughan, Markham
Robson Carpenter LLP – Ayr, Kitchener-Waterloo, Toronto

Davidson Houle Allen LLP

 What About Requiring That Face Masks Be Worn on the Common Elements?
As our readers are no doubt aware, the advice from public authorities in relation to face masks has been variable. At some times we have been told that face masks should be worn (in order to reduce the risk of transmission of COVID-19). At other times we have been told that face masks are not helpful.

Source: James Davidson, © 2017 Davidson Houle Allen LLP .

Summary: Quarter post count – 41, Topics – COVID-19 (23):
Order in council, Condopedia, line of credit, returning to in-person board meetings  , sending a notice of lien, Smoke Free Ontario Act, 2017, who pays the cost to redact records when owners request documents, insurance coverage for consequential damage, province extends emergency until July 15, 2020 , requiring that face masks be worn on the common elements.

Episode 11 – Condo Crunch 1 – Condo Board Responsibilities Condopedia

This is a recording of our first Condo Crunch Webinar that took place on April 8, 2021. The webinar talked about Condo Board Responsibilities with speakers Jim Davidson, Mohiminol Khandaker, and David Lu. Nancy Houle kept the speakers in line as the moderator.  Links to items that Jim mentions in his presentation: 1. Matters that involve owner involvement:  2. Case dealing with Bad Faith, Ballingall v CCC 111:  3. Case stating that Board Members generally not personally liable for their actions as Board Members, Matlock v OCSCC 815:  The noise case that Mohiminol mentions, Mohamoud v Carleton Condominium Corporation No. 25: 
  1. Episode 11 – Condo Crunch 1 – Condo Board Responsibilities
  2. Episode 10: webinar – answers to questions about upcoming issues in the Ontario condo world

The Davidson Houle Allen Video Library contains podcasts converted to videos.

Elia Associates Professional Corporation

COVID-19 Bulletin No. 21: What is “Open” and What is “Closed” in Stage 2?
The Ontario Government recently released its “Framework for Reopening our Province”, which lays out the Province’s approach to restarting the economy. It includes guiding principles and public health recommendations that the Government will use to gradually and safely re-open business, services, and public spaces.

Source: © Elia Associates Professional Corporation.

Summary: Quarter post count – 9, Topics – COVID-19 (8):
banning visitors , frustration of contracts and force majeure clauses , collections – thinking outside the box , what is “open” and what is “closed , automatic removal of directors .

Fogler, Rubinoff LLP

Condominium Meetings – Bill 190 and Amendments to Condominium Act, 1998 – May 13, 2020 Update
On May 12, 2020, the provincial legislature approved (temporary) amendments to the Condominium Act, 1998 (the “Act”) as part of Bill 190, the “COVID-19 Response and Reforms to Modernize Ontario Act, 2020”.

Source: © David E. Thiel, Fogler, Rubinoff LLP.

Summary: Quarter post count – 6, Topics – COVID-19 (5):
CAT takes a hard line on reasonable excusescondominium meetings  .

Feature Private Video – COVID19 and Condos   (1:05:29)

The Fogler, Rubinoff Video Library contains 1 video presently. Help yourself to their feature information above.

Gowling WLG (Canada) LLP

Can Condos Prohibit Canadian Flags?
With Canada Day just around the corner, Canadian flags will start popping up everywhere, including in Condo Land.  Inevitably, this will lead to a yearly question:  can condos prohibit owners from displaying their maple leaf pride?

Source: Rod Escayola, © 2020 Gowling WLG (Canada) LLP.

Summary: Quarter post count – 25, Topics – COVID-19 (24):
e-meeting and e-voting by-laws , can condos prohibit Canadian flags , can I BBQ on my condo balcony .

Feature Private Video –  Coronavirus Episode 7: The long and winding road (1:05:56)

Visit the Gowling WLG Video Library of international content which also contains information about other aspects of law.

Horlick Levitt Di Lella LLP

COVID-19 & Residential Tenancy Law in Toronto
COVID-19 has quickly circled the globe and is causing havoc across the planet. The flu spread through China, Europe and now has hit the United States. Here in Canada, the virus has started to spread in several provinces, and non-essential businesses have begun to shut their doors. Employment insurance applications are in the millions, and hundreds of thousands of Canadians are already facing down rent and bills they might not be able to pay.

Source: Horlick Levitt Di Lella LLP,

Summary: Quarter post count – 22, Topics – COVID-19 (?):
residential tenancy law .

Episode 14 – Questions and answers
Estanol v. YCC No. 299

The HLD Lawyers Video Library contains case law videos and recorded webinars. Watch as a participant’s law questions are answered along with other insights.

Lash Condo Law

Disruptive and Violent Condo Owner – A Court Decision on Enforcement
In a recent case titled Peel Standard Condominium Corporation No. 1028 v. Jakacki (2020) ONSC 3697, the Ontario Superior Court was tasked with deciding whether to grant a temporary injunction preventing the Respondent, a unit owner, from using the common areas of the Applicant condominium corporation except for ingress and egress.

Source:Sarah Morrey, © 2017 Lash Condo Law.

Summary: Quarter post count – 20, Topics – COVID-19 (10):
screening and prohibiting visitors, oppression remedy, virtual meetings and electronic voting for condo AGM’s – Bill 190, record requests & solicitor – client privilege, understanding virtual owners meetings and electronic voting for condos , disruptive and violent condo owner , short term rentals – Toronto zoning bylaw upheld .

Miller Thomson LLP

Are you interested in decreasing the expense side of the balance sheet?: Ontario assessment appeal deadline extended to May 29, 2020
The Ontario deadline to file assessment appeals under the Assessment Act, R.S.O. 1990, c. A.31. has been extended to May 29, 2020.  You might be asking: Why should I care?

Source: Tara Piurko, Tamara Farber, Aaron Atcheson, © Miller Thomson LLP 2020.

Summary: Quarter post count – 7, Topics – COVID-19 (4):
assessment appeal deadline, recover insurance premium increases from owners .

Robson Carpenter LLP

COVID-19 Resources & Update
As you may have noticed, I have not blogged about COVID-19 much these past few months. This was an intentional decision based on a number of factors. The situation was evolving so quickly that it seemed like my advice was changing almost daily at times depending on the recent statistics, public health recommendations, emergency orders, and the law.

Source: Michelle Kelly, © Robson Carpenter LLP.

Summary: Quarter post count – 10, Topics – COVID-19 (3):
caremongering in condos, talking on a balcony,CAT self-managed not an excuse, new financial option for condominiums, virtual condo meetings, COVID-19 resources & update  , can unit owners examine opinions or invoices from the condominium’s lawyer .

Make yourself a Happy Canada Day!

Helpful Links

About Ontario Condominium Culture