Condominium Law Practices Chit-Chat – Qtr1/21 | Condorary

Updated: 2021-03-31

Estimated reading time: 15 minutes

Culture » Ontario Condominium Culture Blog » Ontario Condominium Real Estate Law Practices » Condominium Law Practices Chit-Chat – Qtr1/21 | Condorary

The ultimate guide to condominium law practices in Ontario. Where can I get information about my condo’s problems from legal experts?

Introduction

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, the Canadian Condominium Institute – CCI regional chapters in the province and the Canadian Associations Institute – CAI. 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. This quarter has added 1 law firm while 0 practices have disappeared from sight.

How to Use Law Firm Information

The first quarter consists of 125 posts (written & recorded) by 11 law firms alphabetically listed below. Do you have an interest in registering for a live podcast or webinar to ask questions ; listening later for convenience? Visit the websites of the legal professionals who offer them for the date and time of their next scheduled event or see Webinar Events.

Access to any law practice is formatted as follows: Click on the title of their lead article to arrive at the latest post in their blog or article collection. A click on the law firm name takes you to their website. Click on an editorial selected article of interest by author for the actual post. In the index, an * in front of the law firm name indicates a recent information update.

* Davidson Houle Allen LLP  – Ottawa, Kingston

What is Reasonable When an Owner Complains about the Common Elements? Condominiums are typically obligated to repair and maintain the common elements. The common elements, particularly in high-rise buildings, can often include sophisticated equipment with complex repair and maintenance requirements (especially as buildings age). So what happens when an owner alleges that the condominium hasn’t complied with its repair and maintenance obligations?

 Source: Melinda Andrews, © 2021 Davidson Houle Allen LLP 

Law firm’s quarter article count – 37, podcast – 3:

By DHA Team

2021-03-29 DHA Condo Crunch: Roles and responsibilities of a condo board

2021-03-26 Statement against anti-asian racism

2021-03-22 Introducing “Condo Crunch” – Discussing legal issues in condo … over lunch

2021-03-15 What a year it has been

2021-03-10 Condo catch-up is coming up!

2021-03-08 Happy International Women’s Day!

2021-03-01 DHA Q&A – Condo communications 

2021-02-17 Q&A with DHA 

2021-02-12 Proxies, forms, oh my! – February 24, 2021

2021-02-09 Q&A with DHA 

2021-02-05 Condo proxy forms explained! 

2021-01-26 City of Ottawa planning three-year trial zoning amendment respecting short-term rentals 

2021-01-14 What does the shutdown mean for permitted work in condominiums?

2021-01-13 Province announces second emergency: How will this impact condominiums?

2021-01-07 Lawyers, guns and money – January 21, 2021

By Melinda Andrews, B.A., J.D., Associate

2021-03-30 What is reasonable when an owner complains about the common elements

By Melinda Andrews and Mohiminol Khandaker

2021-01-05 A duty of honest performance in condominium contracts

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

2021-03-11 CAT case deals with parking and compensation

2021-03-03 Condo fees and HST

2021-02-25 CMRAO Guidelines – What do they mean for managers?

2021-02-04 Amendments to Occupiers’ Liability Act – Snow and Ice 

2021-02-03 Our submission to the city respecting the city’s planned zoning amendment – short-term rentals 

2021-01-28 What if a condo resident is in violation of the province’s Covid-19 restrictions?

2021-01-18 Some clarity (or not) re “Acts or Omissions”

2021-01-14 Some words about warranties

2021-01-06 The importance of meeting 


By Emily Deng, B.Sc., J.D., Associate

2021-02-22 Owner requisitioned meetings: still must follow the rules!

By Nancy Houle, B.A. (Hons), LL.B., Partner

2021-01-15 The silver lining – condominium meetings and accessibility

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

2021-03-12 A quick reminder on Limitation Periods 

2021-02-16 Stay-at-Home order lifted: Ottawa returns to Orange zone today

2021-01-08 Government holds consultations on legislative changes enabling virtual processes under the Condominium Act


By David Lu, B.A. (Hons), J.D., Associate

2021-02-12 By the way, we have a podcast!  

By  Jessica Weick, B.A. (Hons), J.D., Associate

2021-02-08 Grandparented smoker has right to smoke revoked under corporation’s rules

By Cheryll Wood, B.B.A., LL.B., J.D., Associate

2021-02-22 Before you run screaming, lets talk screening

2021-02-19 Re-opening considerations as the province loosens restrictions

Podcast or Video

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: https://dhacondolaw.ca/condo-law-news/follow-up-to-condo-crunch-matters-that-require-owner-involvement/  2. Case dealing with Bad Faith, Ballingall v CCC 111: https://www.canlii.org/en/on/onsc/doc/2015/2015onsc2484/2015onsc2484.pdf  3. Case stating that Board Members generally not personally liable for their actions as Board Members, Matlock v OCSCC 815: https://www.canlii.org/en/on/onsc/doc/2021/2021onsc390/2021onsc390.pdf  The noise case that Mohiminol mentions, Mohamoud v Carleton Condominium Corporation No. 25: https://www.canlii.org/en/on/onca/doc/2021/2021onca191/2021onca191.pdf 
  1. Episode 11 – Condo Crunch 1 – Condo Board Responsibilities
  2. Episode 10: webinar – answers to questions about upcoming issues in the Ontario condo world
  3. Episode 9 – Compliance Applications
2021-03-05 (39:31)

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

* Elia Associates Professional Corporation – Oakville, Barrie, Toronto, Ottawa 

Charging Back Costs To An Offending Unit: Superior Court Clarifies Amlani, But Not Before Condo Authority Tribunal Mis-Applies It As many in the industry are already aware, last year’s case of Amlani v. York Condominium Corporation No. 473, 2020 ONSC 194 (“Amlani”) has caused a great deal of confusion and uncertainty in condominium corporations across Ontario – especially after the Divisional Court of Ontario upheld the Superior Court’s ruling a few months later (2020 ONSC 5090).

The confusion caused by Amlani has also trickled into the Condominium Authority of Ontario (the “CAO”) and the erroneous advice posted on their official CAO website.  It has even led the Condominium Authority Tribunal of Ontario (the “CAT”) to issue a decision that does not take into account the state of the law on chargebacks.  The CAO, and apparently now even the CAT, unfortunately believe – as do some unit owners in this province – that Amlani stands for the proposition that a condominium can never charge back a particular unit owner for its legal costs of enforcement without first obtaining a Court Order against the owner.

Source: Victor Yee, © Elia Associates Professional Corporation

Real estate counsel’s quarter presentation count – 7, videos 4 :

By Elia Associates

2021-03-26 CondoWise Series Session No. 7 – Construction chaos – Part 1 – Avoiding pitfalls

2021-03-24 COVID-19 Bulletin No. 38: What is permitted in the grey zone of Ontario’s colour-coded framework?

2021-02-22 COVID-19 Bulletin No. 37: Stay-at-home order remains in effect for Toronto & Peel 

2021-02-18 COVID-19 Bulletin No. 36: Ontario moved back to colour-coded restrictions

2021-01-29 COVID-19 Bulletin No. 35: Ontario extends Emergency Orders

2021-01-15 COVID-19 Bulletin No. 34: Stay-at-home order for Ontario as state of emergency is declared

By Victor Yee , B.A. (Hons), J.D., Associate

2021-02-23 Charging back costs to an offending unit: Superior Court clarifies Amlani, but not before Condo Authority Tribunal mis-applies it

Video

For webinar enthusiasts, check out the Condowise series of videos. In addition, check out the virtual calendar of events in the province the firm is participating in along with the Canadian Condominium Institute – CCI.

2021-03-04 (1:01:58)
2021-02-02 (1:01:35)
2021-02-02 (58:17)

Fogler, Rubinoff  LLP – Toronto

Ontario’s Colour-Coded COVID-19 System & Condominium Restrictions As Of February 16, 2021 As property managers or board members for a condominium, it can be complicated to follow the ever-changing provincial COVID-19 restrictions in your specific region. Yet it is important for you to ensure that unit owners, employees, and third parties comply with the applicable restrictions.

The provincial government announced on February 8, 2021 that in light of reduced COVID-19 transmission rates, regions are now beginning to transition from stringent restrictions under the stay-at-home order back to the more flexible colour-coded framework. Further details were released on February 12, 2021.

Source: © Emily Duncan and Sean Nouch, Fogler, Rubinoff LLP

Real estate lawyer’s quarter post count – 1:

By Emily Duncan , Associate and Sean Nouch, Student-at-law

2021-02-16 Ontario’s colour-coded COVID-19 system & condominium restrictions as of February 16, 2021

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

* Gardiner Miller Arnold LLP – Toronto

Construction Act impact on condo projects  On October 1, 2019, the prompt payment and adjudication regime of the Construction Act (the “Act”) came into force to improve payment and cashflow to contractors on construction projects. The changes apply to any contract between a contractor and property owner for the supply of services or materials for any alteration, addition or capital repair to the land (among other work). Any condo who is party to such a contract is subject to the “28-7-7-7” prompt payment clock and adjudication regime. 

Source: An Nguyen, © 2021, Gardiner Miller Arnold LLP

Condominium law practice quarter writings count – 10 :

By Tony Bui, B.A. (Hons), Associate

2021-01-29 The CAT is not a problem that goes away by ignoring it

By Bob Gardiner, B.A., LL.B, ACCI, FCCI, Partner

2021-02-03 Snow/ice injury limitation period now in force 

2021-01-19 No snow/ice injury limitation 

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

2021-03-31  Construction contract considerations (continued), “free speech” isn’t necessarily so

2021-02-08 Condo litigation records may be produced after litigation ends 

By An Nguyen, B.A. (Hons), J.D., Associate

2021-03-16 Construction Act impact on condo projects

2021-02-12 Never mind the ballcocks, here’s the shut-off valve

2021-02-02 Reporting unlicensed short-term rentals

2021-01-18 Condo arbitration – never mistake silence (in the agreement) for agreement

By Alex Young, B.A. (Hons), Associate

2021-02-23 Parking predicament: a Condo Authority Tribunal first

Newsletter

Feature Newsletter – Condo Alert! Spring 2021 –  PDF

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

Court Orders Masks in Condos – with Exceptions In what is likely the first court case dealing with the requirement to wear masks in public spaces, the Superior Court of Justice issued a partial but permanent injunction requiring 2 condo owners to wear a mask while on interior common elements.  The court carved out an exception for the limited purpose of entering and exiting the unit by the most direct route.

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

Real estate expert’s quarter feature count – 16, Videos -3 :

By Rodrigue Escayola, Partner

2021-03-25 Webinar: Deep dive on condo insurance (April 7 @5pm)

2021-03-22 Court orders masks in condos – with exceptions

2021-03-18 A basketball hoop in a condo driveway not in breach of the rules

2021-03-02 Condo learning opportunities in March

2021-02-22 Webinar: Deep dive on condo by-laws (March 3 @ 5pm)

2021-02-18 Mandatory COVID screening at condo entrances 

2021-02-12 Ontario condos moved back to colour coded restrictions

2021-02-10 How much time do condos have to lien a chargeback to a unit?

2021-02-01 Webinar: Privacy issues surrounding virtual meetings and electronic voting  (Wed. Feb 3 @ 5pm)

2021-01-26 Next webinar: Wednesday Feb. 3 at 5pm 

2021-01-20 Can condos require proof of vaccination?

2021-01-12
Ontario declares second state of emergency: What it means for condos 

2021-01-08 Should Electronic Voting and Virtual AGMs Stay? Ontario Wants Your Opinion!

2021-01-06 Next webinar: Can condos require proof of vaccination? (Wed. Jan. 13 at 5pm) 

By Graeme Macpherson, Associate

2021-02-25 Ex-Owners are not entitled to access records of the condo corporation

By David Plotkin, Associate

2021-03-31 The CAT’s new jurisdiction over parking

Video and Webinar

with Rodrigue Escayola, 2021-03-23 (1:06:41)
with Rodrigue Escayola, 2021-02-16
with Rodrigue Escayola, 2021-01-21

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 


Condominium speaker’s quarter resource count – 0, Video – 7 :


Video and Webinar

with Bradley Chaplick, Associate, 2021-02-10 (57:08)
One Year Anniversary Special 2021-03-17 (1:20:28)
with Brian Horlick and  Julia Lurye , 2021-02-24 (1:13:25)

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

Enforcing Mask Policies in Condos – A Recent Court Decision An interesting decision was released March 19, 2021, involving two condo owners who refused to wear masks in their condo due to “medical reasons”.  In Halton Condominium Corporation No. 77 v. Mitrovic, although the corporation was successful in obtaining a compliance order against the owners and a permanent injunction mandating those owners to wear a mask, the Court carved out an exception for “egress and ingress by the most direct route from their unit to the main entrance of the building due to a medical condition”.

Source: Denise Lash, © 2017 Lash Condo Law 

Condominium champion’s quarter composition count – 16 :

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

2021-03-24 Condo corporations and limited liability for COVID-19

2021-03-22 Enforcing mask policies in condos – a recent court decision

2021-03-19 Cryptocurrency investing is risky business for condo corporations

2021-03-01 Welcome Jonathon Fine and Jake Fine

2021-02-25 Court Decision: Why condos need to review their employment contracts 

2021-02-22 CAI Canada education webinar: Be prepared to chair!

2021-02-16 Follow your condo corporation COVID-19 policies 

2021-02-09 Rules are rules: Don’t feed the cats.

2021-02-05 Webinar: Expansion of the CAT’s powers1 Feb 18, 2021 CAI Canada

2021-01-20 Condos and public health mask up: It’s good for you and your community 

2021-01-18 Condos and cameras: You want to install security cameras … where? 

2021-01-12 Say goodbye to proxies – Ministry submissions by Feb. 8th, 2021

2021-01-10 Webinar Jan. 13 at 5pm – Vaccine is here and what should condo corporations do? COVID-19

By Joseph Salmon B.A. (Hons), J.D. 

2021-02-01 Court decision – suing individual board members

2021-01-29 City of Toronto enforcement of mask policies in condominiums 

2021-01-26 Diversity, inclusion and cultural sensitivity to better serve condominiums 

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

Can condo corporations enforce Toronto’s mask policy?  To help slow the spread of COVID-19 in condominium and apartment buildings, since August 7, 2020, the City of Toronto’s By-Law 664-2020 (the “Mask By-law”) has made wearing a face covering or mask mandatory in all common areas of multi-unit residential buildings.  However, this by-law is essentially unenforceable.  As a result, a new motion passed by City Council on February 2, 2021, has asked City Staff to explore additional education and enforcement measures for mandatory masking.

Source: Jason Rivait, © 2021 Miller Thomson LLP 

Real estate lawyer’s quarter post count – 4 :

By Katherine Cavan, B.A. (Hons), B.Sc., J.D., Associate

2021-02-18 Mortgagees in possession: Considerations for condominium corporations 

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

2021-01-21 When is enough, enough? The adequacy of reserve funds

By Jason Rivait, B.A., M.A., LL.B., Partner

2021-03-23 Can condo corporations enforce Toronto’s mask policy?

2021-01-07 Looking forward – five emerging condo trends for 2021

Robson Carpenter LLP – Ayr, Kitchener-Waterloo, Toronto 

The CAT Dismisses “Minor” Case Without a Hearing On March 18, 2021, the CAT released a decision on a motion made by a condominium to dismiss a case without a hearing. The owner made a record request for minutes of a board meeting and another document regarding a motion that was apparently made by a former director at the meeting for an investigation under the governance and ethics by-law. The condominium provided a copy of the minutes, but the minutes did not refer to the motion that was made by the former board member. The minutes provided by the condominium differed from the version received from the former board member who made the motion as the minutes did not include a reference to the motion. Both versions of the minutes were signed by the board.

Source: Michelle Kelly, © Robson Carpenter LLP

Real estate advocate’s quarter information count – 10:

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

2021-03-19 The CAT dismisses “minor” case without a hearing

2021-03-18 Part Two: Another “3Ps” in condos? Policies, programs, and plans

2021-03-15 Another “3Ps” in condos? Policies, programs, and plans

2021-03-03 Confusion over By-Law requirements

2021-02-19 Salt, snow and ice: A roll of the dice

2021-02-16 How to make virtual meetings work for your condominium

2021-01-18 Condo declarations are not carved in stone

2021-01-11 Can condo boards pass rules without a vote of owners? 

2021-01-07 Condo by-laws: What’s the deal with voting?

2021-01-04 Wonderful surprise to end 2020! 

Shibley Righton LLP – Windsor, Hamilton, Toronto

Costs and Recovery   The government of Ontario has recently expanded the scope of matters that are to be decided by  the Condominium Authority Tribunal (“the CAT”). Until October 1, 2020 only requests for records could proceed through the online dispute resolution system established by the amendments to the Condominium Act.

Now disputes regarding pets, parking, storage, and motor vehicles will also be diverted from mediation and/or arbitration to the CAT.

Source: Audrey Loeb, © Shibley Righton LLP

Real estate lawyers quarter post count – 5:

 By SR Team

2021-02-22 Ontario returns to colour-coded response framework

2021-02-05 Changes to the Occupiers’ Liability Act now in force

2021-01-14 New state of emergency declared in Ontario 

By Audrey Loeb, LSM, B.A., LL.B., LL., Partner

2021-03-09 Costs and Recovery 

2021-02-01 Is your condominium ready to collect its costs? 

SV Law – Guelph, Fergus/Elora

Decisions from the CAT: Condos Cannot Harass Unit Owners  While allegations of harassment are not uncommon in the condo world, the Condominium Authority Tribunal (the “CAT”) has generally refrained from determining that condominiums have harassed unit owners until now. In a novel decision, the CAT recently determined that a Condominium harassed a Unit Owner by virtue of hostile enforcement actions. The Condominium was ordered to pay damages to the Unit Owner to compensate for the harassment.

Source: SV Team, © SmithValeriote Law Firm LLP

Condominium lawyers quarter post count – 3:

By SV Team

2021-03-18 Decisions from the CAT: Condos cannot harass unit owners

By Jamie Cockburn, Articling Student

2021-02-18 Decisions from the CAT: The tribunal process and vexatious applications 

By Robert Mullin, B.A. (Hons), LL.B., LL.M., A.C.C.I., Partner

2021-02-09 The issue: the new reality of condo amenities 

Webinar Events

2021-03-31 HLD Condominium Law Live Stream, Episode 43 (12:00 – 1:00 PM) – Chat Registration

2021-03-31 Condowise No. 7 (12:00PM) – Construction chaos – Part 1 – Avoiding pitfalls Registration

2021-03-30 CCI London (12:00 – 1:00PM) – 3 P’s – How do you use the CAT process? Registration

2021-03-26 CCI Huronia (12:00 – 1:30PM) – Hot 10 Fire Prevention Tips for Condos Registration

2021-03-25 CCI-GHC (12:30 – 2:00PM) – Rapid Fire Legal Q&A Registration

2021-03-25 CAI (10:00 – 11:30AM) – CAI Canada Certification for Virtual Chairs (Part 2)

2021-03-24 CCI-EO (5:00 – 7:00PM) – Condo Catch Up Registration

2021-03-24 ACMO (11:00 – 12:00PM) – Managing Major Condominium Restoration Projects During a Pandemic Registration

2021-03-23 CCI-T (12:00 – 1:30PM) – Essential Rules & By-Laws: Guidelines and Principles for Working Together Registration

2021-03-17 CBA  (12:00 – 1:30PM) – COVID-19 Vaccinations: Implications for Condominiums and Apartment Complexes Registration

2021-03-17 HLD Condominium Law Live Stream, Episode 42 (12:00 – 1:00 PM) – Chat Registration

2021-03-16 CCI-GHC  (12:00 – 1:00PM) – Money! That’s What We Want – Condo Talk Registration

2021-03-11 CAI (10:00 – 11:30AM) – CAI Canada Certification for Virtual Chairs (Part 1) Registration (includes Part 2)

2021-03-04 CCI-GHC (5:00 – 7:00PM) – Introduction to Condominiums Registration

2021-03-03 Gowling (5:00 – 6:00 PM) – Deep Dive on Condo By-laws Registration

 
About Ontario Condominium Culture

Meanwhile …

With Sing Along lyrics. What’s in the news are problems other people have decided you should know about. What’s in the news is not an accurate depiction of life.