Updated: 2021-03-31
Estimated reading time: 15 minutes
The ultimate guide to condominium law practices in Ontario. Where can I get information about my condo’s problems from legal experts?
Table of Contents
- Introduction
- * Davidson Houle Allen LLP – Ottawa, Kingston
- * Elia Associates Professional Corporation – Oakville, Barrie, Toronto, Ottawa
- Fogler, Rubinoff LLP – Toronto
- * Gardiner Miller Arnold 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
- Shibley Righton LLP – Windsor, Hamilton, Toronto
- SV Law – Guelph, Fergus/Elora
- Webinar Events
- Helpful Links
Introduction
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
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).
Source: Victor Yee, © Elia Associates Professional Corporation
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.
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.
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.
Source: © Emily Duncan and Sean Nouch, Fogler, Rubinoff LLP
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.
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
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
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.
Source: Audrey Loeb, © Shibley Righton LLP
Now disputes regarding pets, parking, storage, and motor vehicles will also be diverted from mediation and/or arbitration to the CAT.
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
Helpful Links
About Ontario Condominium Culture
Meanwhile …
