Condominium Law Practices Chit-Chat – Qtr2/21 | Condorary

Updated: 2021-04-16

Estimated reading time: 10 minutes

Culture » Ontario Condominium Culture Blog » Ontario Condominium Real Estate Law Practices » Condominium Law Practices Chit-Chat – Qtr2/21 | Condorary

The ultimate guide to condominium law practices in Ontario. Top 4 legal firms providing webinars to answer owner questions about community problems.

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 0 law firms while 0 practices have disappeared from sight.

How to Use Law Firm Information

The second quarter consists of 31 posts (Ytd – 156) 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

Balancing the Rights of All Owners and the Rights of an Owner with a Disability In the case of MTCC 580 v. Mills, the condominium corporation’s communications with one of the owners became “strained”, for two main reasons: (1) The owner suffered from disabilities which could cause him to experience anxiety and, as a result, to engage in excessive, unwanted communications with others (in this case, with the condominium corporation and its contractors) about matters that had “triggered” the owner’s anxiety; and (2) The owner’s anxiety was triggered when asbestos was found, and needed remediation, in the units.

 Source: James Davidson, © 2021 Davidson Houle Allen LLP 

Law firm’s quarter article count – 10, (Ytd -47), podcast – 1, (Ytd – 4):

By DHA Team

2021-04-12 Episode 11 – Condo Crunch #1: Roles and responsibilities of a condo board

2021-04-12 May 13th Condo Crunch topic: You choose!

2021-04-07 Province announces another Stay-At-Home order: How will this impact Condominiums?

By Victoria Craine, B.A. (Hons), J.D., Associate 

2021-04-08 Court upholds condominium’s mask policy

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

2021-04-15 Balancing the rights of all owners and the rights of an owner with a disability

2021-04-09 Follow-up to Condo Crunch – Matters that require owner involvement

2021-04-09 When can condominium directors be personal liable?

2021-04-01 Saskatchewan condominium corporation purchases Bitcoin interest

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

2021-04-13 CCIEO presents: “Speed Dating – Condo Style”

2021-04-07 Province extends virtual meeting deadline for condos!

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
2021-04-09 (42:25)

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 – 2, (Ytd – 9), videos – 2, (Ytd – 6) :

By Elia Associates

2021-04-08 CondoWise Series Session No. 7 – Construction chaos – Part II- Construction Liens

2021-04-07 Important announcement – Recent amendments to the Condominium Act

Video

Part 2 of 2, 2021-04-14 (1:03:28)
Part 1 of 2, 2021-04-14 (1:01:27)

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

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 – 0, (Ytd – 1):

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

* Gardiner Miller Arnold LLP – Toronto

Unit and common element boundaries: Not always as “concrete” as they seem  Condo boards and owners should be familiar with the concept of “common elements” and “units”. While there is no “one size fits all” approach to distinguishing the two, in simplified terms, anything that is not part of a “unit” is a “common element”. Diligent boards and owners should review the condo’s Declaration  for inclusions/ exclusions to and from the unit,  maintenance and repair obligations and Schedule “C” to determine unit boundaries; the condo’s registered plan drawings will lay that out in an illustrated form. Understanding these points is critically important. 

Source: Tony Bui, © 2021, Gardiner Miller Arnold LLP

Condominium law firm’s quarter writing count – 1, (Ytd – 11):

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

2021-04-13 Unit and common element boundaries: Not always as “concrete” as they seem

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 lawyers quarter post count -4, (Ytd – 20), Videos -1, (Ytd – 4) :

By Rodrigue Escayola, Partner

2021-04-15 Can I BBQ on  my condo balcony?

2021-04-07 How the Stay At Home order impacts condos

2021-04-07 Ontario extends virtual meetings and electronic voting until December 31

2021-04-01 Condos forced to pull the “Emergency Brakes”: Ontario’s third shutdown

Video and Webinar

with Rodrigue Escayola, 2021-04-09 (1:06:01)

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 – Video – 1, (Ytd – 8) :

Video and Webinar

with Brian Horlick  and  Julia Lurye , 2021-04-14 (1:10:10)

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 Pet Decision – Condominium Authority Tribunal or HRTO – or both? As many of you may be aware, the Condominium Authority Tribunal (“CAT”) expanded its jurisdiction on October 1, 2020. Part of its expansion includes dealing with disputes related to pets.

There are instances in which a condominium corporation may have to deal with a resident who decides to bring a pet into a no-pet building or a pet that weighs in excess of the permitted weight restrictions in a corporation’s governing documents. There may be certain instances in which a resident requests an exemption from restrictions in the governing documents on the basis that the pet is an emotional support animal or a service animal. Sometimes these disputes land before the Human Rights Tribunal (the “HRTO”).

Source: Natalia Polis, © 2017 Lash Condo Law 

Real estate law firm’s quarter post count – 4, (Ytd – 20):

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

2021-04-13 Saskatchewan condo news – the sorry state of a condo

2021-04-07 Ministry announcement – Extension to December 31, 2021

2021-04-01 Continuing COVID-19 challenges in condominiums

By Natalia Polis, B.A. (Hons), J.D.

2021-04-12 Condo pet decision – Condominium Authority Tribunal or HRTO – or both?

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

Can condo corporations charge back costs without a finding of negligence? In tort law, a finding of liability typically requires a finding of fault. The Divisional Court has recently confirmed that when it comes to a unit owner’s liability under s. 105 of the Condominium Act, no finding of fault is required.

Source: Michael Prosia, © 2021 Miller Thomson LLP 

Real estate lawyer’s quarter post count – 1, (Ytd – 5) :

By Michael Prosia, B.Sc. (Hons), J.D., Associate

2021-04-01  Can condo corporations charge back costs without a finding of negligence?

* Robson Carpenter LLP – Ayr, Kitchener-Waterloo, Toronto 

Spring Break Reading: The Courts Edition As described in our post on Wednesday, the Condominium Authority Tribunal (CAT) has been busy so far in 2021 releasing at least 30 decisions. Well, the Superior Court of Justice is no slouch either. There have been dozens of decisions in 2021 that are relevant to condominiums in Ontario. The Court of Appeal has also released some interesting decisions. Today, we briefly review a few of the key decisions.

Source: Michelle Kelly, © Robson Carpenter LLP

Real estate advocate’s quarter information count – 3, (Ytd – 13):

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

2021-04-16 Spring break reading: Courts edition

2021-04-14 Spring break reading: The CAT edition

2021-04-06 Scared of holding your AGM during a lockdown? 

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 – 1, (Ytd – 6):

 By SR Team

2021-04-07 Enactment of Stay-At-Home order and extension for virtual meetings

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 – 0, (Ytd – 3):

Webinar Events

2021-04-28 CCI-EO (5:00 – 7:00PM) Speed dating condo style Registration

2021-04-21&22 ACMO (10.30AM) Springfest Registration

2021-04-14 Condowise (12:00 – 1:30PM) Session No. 7 – Part II Construction Liens Registration

2021-04-08 DHA (12:00 – 12:45PM) DHA Condo Crunch: Roles and responsibilities of a condo board 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.