Condominium Law Practices Chit-Chat – Qtr3/20 | Condorary

Updated: 2020-09-30

Estimated reading time: 9 minutes

Culture » Ontario Condominium Culture Blog » Ontario Condominium Real Estate Law Practices » Condominium Law Practices Chit-Chat – Qtr3/20 | Condorary

The ultimate guide to condominium law practices in Ontario. What else is there to talk about besides COVID issues and AGM uncertainty?


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

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

Which law firms of lawyers shine brilliantly by open engagement in education of condominium property managers and unit owners through organizations such as the Association of Condominium Managers of Ontario (ACMO) and the Canadian Condominium Institute (CCI) regional chapters in the province. Perhaps in other ways 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 countless others remain pinpoints of faint light to find and trust by searching elsewhere.

The third quarter consists of 110 posts (written & recorded) by 10 law firms alphabetically listed below. Who else has an interest in registering for a live podcast or webinar to ask questions? Visit the websites of the legal professionals who offer them for the date and time of their next scheduled event.

How to Use Law Firm Information

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 article of interest by author for the actual post.

Davidson Houle Allen LLP  – Ottawa, Kingston

Reduced Gathering Limits – What About AGMs?   The Ontario Government announced last week its decision to downsize gathering limits for “unmonitored private social gatherings”.

 Source: Mohiminol Khandaker, © 2017 Davidson Houle Allen LLP

Real estate law firm’s quarter post count – 21, podcast – 1 :

By Christy Allen, B.Comm., LL.B., Partner

 Tarion’s reinstatement of deadlines

By James Davidson, B.A., LL.B., ADR, Partner

What about a credit for meeting attendance

Recent court decision again confirms repair and maintenance mandate of the board

Chargebacks for enforcement costs – a further piece of the puzzle

Court upholds corporation’s COVID-19 policy

By James Davidson and Mohiminol Khandaker

 Government to expand the jurisdiction of the Condominium Authority Tribunal

By Emily Deng, BSc., J.D., Associate

Continued suspension of small claims court operations

By Mohiminol Khandaker, LL.L.,J.D., LL.M., Associate

Video doorbells – a quick summary of some of the concerns

City of Toronto adopts by-law making face masks mandatory on the common areas of apartments and condominiums

Two more condo act forms to be delegated to the CAO

Solicitor-client privilege and records: a reminder

 City of Ottawa may soon make masks mandatory

Ontario government changes limits for indoor and outdoor private gatherings

City of Kingston restricts large gatherings downtown and requires face coverings to be worn in multi-unit residential buildings

Reduced gathering limits – what about AGMs?

By Cheryll Wood and Melinda Andrews, Associates

Ontario’s declared state of emergency is over … now what happens with condo AGMs ?

Podcast / Video / Webinar

Episode 12 Condo Crunch 2 Common Element Modifications Condopedia

We are back with another Condo Crunch. In this episode, the team talks about common element modifications. Nancy, as usual, acts as chair person.  1. Victoria's comments about common element modifications by condominiums: 1:43 2. Emily provides some examples: 9:37 3. Jessica's comments on common element modifications by owners: 12:06 4. Emily provides some examples: 15:47 5. Nancy's closing comments on changes to common elements: 19:19 These condo crunches are live and are held about a month apart. If you miss them though, you can always catch em here at Condopedia. 
  1. Episode 12 Condo Crunch 2 Common Element Modifications
  2. Episode 11 – Condo Crunch 1 – Condo Board Responsibilities
  3. 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 – Oakville, Barrie, Toronto, Ottawa 

Why The CAT Should Award Legal Costs, Part 3 As we pointed out in our 2 previous articles (here and here), the Condominium Authority Tribunal of Ontario (the “CAT”) should be awarding legal costs to parties when they are successful in their litigation.  Since Condominium Managers should not be representing their condominium corporation clients at the CAT, that role either falls upon the Board members or the condominium’s legal counsel.

Source: Victor Yee © Elia Associates Professional Corporation

Real estate lawyers quarter post count – 8, videos 2 :

By Victor Yee, B.A., J.D., Associate

Why the Cat should award legal costs, Part 3

Video / Webinar

For webinar enthusiasts, check out the Condowise series of videos.

Fogler, Rubinoff  LLP – Toronto 

Expanded Jurisdiction for CAT – Parking, Pets, Storage – Starting October 1, 2020 On August 26, 2020, the Ontario government announced that changes to expand the jurisdiction of the Condominium Authority Tribunal (the “CAT”) will come into effect on October 1, 2020

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

Real estate lawyers quarter post count – 1 :

By David E Thiel, Partner

Expanded jurisdiction for CAT – parking, pets, storage – starting October 1, 2020

Gardiner Miller Arnold LLP – Toronto

Section 92 Charge-back Checklist In Beswick v. YRCC 1175, the court held that a condo should not have made exterior interlock and pavement repairs to townhouse exclusive-use common elements without first providing reasonable notice of the expected cost of such proposed repairs to the townhouse unit owners.

Source: Bob Gardiner, © 2020, Gardiner Miller Arnold LLP

Real estate law firm’s quarter post count – 12 :

By Tony Bui, B.A., Associate

Welcome to Stage 3, Toronto: what this means for your condominium

 Always act reasonably – the Amlani decision and a lesson from the court

Amlani and indemnity provisions – All bark, no bite? Not quite

By Bob Gardiner, Partner

Section 92 charge-back checklist

By Andrea Lusk, B.Sc., LL.B., Associate

COVID policy upheld, oppression lessons and “welcome” expanded CAT

By Andrea Lusk, Bob Gardiner, An Nguyen, Tony Bui

Considerations on the proposed “Condo Guide”

By An Nguyen, J.D., Associate

The new hot seat – the electric (meeting) chair

Re-opening amenities – is signing a waiver enough?

Mandatory registration for short-term rental operators aids condo enforcement

Gowling WLG (Canada) LLP – Kitchener-Waterloo, Toronto, Ottawa

Do Social Gathering Limits Apply to Condo AGMs? This past Saturday, Ontario expanded to the rest of the province the indoor 10-people “social gathering” limit.  We blogged already on the impact these new limits have on Condo AGMs. Many condos who had planned smaller, more intimate in-person AGMs are being caught off guard and are now scrambling to go online or to reschedule their AGM.

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

Real estate lawyers quarter post count – 19, Videos -2:

By Rodrigue Escayola, Partner

End of Covid emergency: new deadlines to call your AGM’s

Condos must act reasonably or face litigation cost

Ontario further eases gym restrictions

Mandatory masks in condos: is Ottawa next in line?

Condo tribunal expands jurisdiction to deal with pets, parking, lockers and chargebacks

Deadlines to hold your AGMs – book them now!

New cap on AGM size as Ontario rolls back limits on social gatherings

Do social gathering limits apply to Condo AGMs?

By Graeme Macpherson, Associate

Tenants ordered to pay a condo’s compliance legal fees

Mandatory registration for short-term rentals (in Toronto)

By David Plotkin, Associate

Back to basics: adopting a condo bylaw

Video / Webinar

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

Horlick Levitt Di Lella LLP – North York 

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

Real estate law firm’s quarter post count – 0, Video – 15 :

Video / Webinar

With Bradley Chaplick
With Timothy M. Duggan – MTCC No. 933 v. Lyn

The HLD Lawyers Video Library contains case law videos and recorded webinars. Forget Netflix. Participants’ law questions are answered along with other insights.

Lash Condo Law – Toronto

Condo COVID-19 Policy Upheld by Court In a case released September 10, the Ontario Superior Court of Justice upheld a corporation’s COVID-19 related policy prohibiting most in-suite renovations and repairs.

Source: Josh Milgrom, © 2017 Lash Condo Law

Real estate law firm’s quarter post count – 19 :

By Denise Lash B.Sc., LL.B., ACCI, FCCI

Condo AGM notice of meeting packages – items to include

Important announcement – Condo AGM’s – the dates are here!

Virtual AGM’s and owners meetings – how does voting work?

Condo hybrid meetings

Ministry announcement – condo AGM’s, virtual meetings and consent to e-notices

By Josh Milgrom, B.A., J.D.

Mask policies now mandatory in Toronto Condos

Condo COVID-19 policy upheld by court

New cap on gatherings – what it means for condos

By Sarah Morrey, B.A., J.D.

Bare-bones standard unit by-law for condo corporations

Natalia Polis, B.A., J.D.

Attention all short-term rental operators

By Joseph Salmon B.A., J.D. 

Insurance coverage for condo contractors – slip and fall

Condo Tarion warranty claim submissions and conciliation

Expansion of disputes at Condominium Authority Tribunal – fresh off the press!

Merovitz Potechin LLP – Ottawa 

Updated Repair and Warranty Deadlines for New Home Builders and Buyers On July 6, 2020, Tarion announced the reinstatement of certain statutory timelines that had previously been suspended pursuant to Ontario’s Emergency Order. Builders and buyers should take note that the following rules will apply to builder repairs, warranty submission timelines, and requests for conciliations.

Source: Frank Bourgault © 2020 by Merovitz Potechin LLP

Real estate lawyers quarter post count – 1 :

By Frank Bourgault, Associate

Updated repair and warranty deadlines for new home builders and buyers

Miller Thomson LLP – London, Kitchener-Waterloo, Guelph, Toronto, Vaughan, Markham 

Condo Amenities Reopening As the Province of Ontario continues to allow for “new” types of activities to resume, many condo Boards are considering what amenities can be reopened and, perhaps more importantly, what procedures and safeguards can be put in place to protect both their residents and the condo corporation itself.

Source: Justin McLarty © Miller Thomson LLP 2020 

Real estate lawyers quarter post count – 1 :

By Justin McLarty, B.A., J.D., Associate

Condo amenities reopening

Robson Carpenter LLP – Ayr, Kitchener-Waterloo, Toronto 

Condo COVID Q & A We are still receiving dozens of questions about COVID each week, ranging from how to host meetings to how to reduce potential liabilities. It looks like COVID is here to stay for a while, so we thought that we would provide some answers to the most common questions from our condominium clients.

Source: Michelle Kelly, © Robson Carpenter LLP

Real estate lawyers quarter post count – 11 :

By Daniel Brockenshire, B.A., M.A., J.D., Associate

Electricity providers’ requirement for a security deposit

By Michelle Kelly, B.Comm., LL.B., Partner

Amendments to the condominium act 1998 a recap of 2017 to 2020

Virtual requisition meetings
Summer reading: condominium authority tribunal (CAT) 2020

Fight fire with fire: seeking court orders to amend the declaration

End of declared emergency: your most common condo AGM questions answered
Warning! At capacity for 2020

The Cat is growing

Government will not provide further extension to deadlines to hold AGMs

Condo COVID Q & A

About Ontario Condominium Culture