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

Updated: 2021-06-11

Estimated reading time: 15 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 social webinars to answer owner questions.

“We are all here on earth to help others; what on earth the others are here for I don’t know.” – W. H. Auden (1907 – 1973), Poet

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.

How to Use Law Firm Information

The second quarter consists of 96 posts (Ytd – 221) written & recorded by law firms alphabetically listed below. One inactive firm is dropped this quarter. 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 and visit Condoland Socials for more.

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

CAT Awards Enforcement Costs As our readers will know, the jurisdiction of the Condominium Authority Tribunal (CAT) has recently been expanded to include disputes about pets, parking, storage and related entitlements to indemnification / compensation. A recent decision of the Tribunal is welcome for two reasons: (1) CAT has upheld a weight restriction in a condominium’s Pet Rules; and (2) CAT has also awarded enforcement costs (payable by the non-compliant owner).

In the recent case of Peel Condominium Corporation No. 96 v. Psofimis, CAT ordered an owner to remove a dog that did not comply with the condominium corporation’s Rule restricting the weight of household pets to 40 pounds.

The Tribunal went on to order the owner to pay the following:

 Source: James Davidson, © 2021 Davidson Houle Allen LLP 

Law firm’s quarter article count – 26, (Ytd -63), podcast – 2, (Ytd – 5).

By DHA Team

2021-06-10 DHA’s Residential schools statement

2021-06-08 DHA Condo Crunch: Updating and amending your governing documents  Event Reminder

2021-06-08 Ontario is moving to the Reopening’s Step 1!

2021-06-02 Episode 12 – Condo Crunch 2: Common element modifications

2021-05-25 Province extends deadline for General Licence requirements

2021-05-21 June 24th Condo Crunch Topic: You choose!

2021-05-20 Province unveils new roadmap – re-opening amenities and more

2021-05-13 DHA Condo Crunch: Modifications to common elements and services Event Reminder

2021-05-06 DHA Condo Crunch: Modifications to common elements and services

2021-04-23 City regulation of short-term rentals – what should condos know?

2021-04-19 Ontario extends shutdown

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

2021-05-25 CAT awards enforcement costs

2021-04-28 Service Line Notice

2021-04-23 Policies vs Rules

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!

By Nicole Robinson, Articling Student

2021-04-30 City regulation of short-term rentals – an update

By Ela Stilwell

2021-06-04 The Greener Homes Grant – Are you eligible?

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
2021-06-02 (22:33)
2021-04-09 (42:25)

The Davidson Houle Allen Video Library contains 12 podcasts converted to videos.

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

Dawn of a New Era in the CAT? CAT Awards Legal Costs for Enforcement Against Unit Owner After years of calling for the Condominium Authority Tribunal (the “CAT”) to award legal costs to a successful litigant, it appears that a single, unopposed Stage 3 Hearing decision by the CAT has now paved the way for condominium corporations to recover their legal costs against a violating unit owner.

On Thursday, May 20, 2021, the CAT issued its ruling in Peel Condominium Corporation No. 96 v. Psofimis, 2021 ONCAT 48 (“Psofimis”).  Even though this was an unopposed online Hearing where the self-represented unit owner – who had participated in the Stage 2 Mediation, but then refused to participate in the Stage 3 Hearing – did not make any arguments or put forth any evidence of his own, the Psofimis case opens the door for condominium corporations to restore some semblance of order in their communities.

Source: Victor Yee, © Elia Associates Professional Corporation

Real estate counsel’s quarter presentation count – 10, (Ytd – 17), videos – 4, (Ytd – 8).

By Elia Associates

2021-06-09 Condowise Learning Series: Session No. 10 – Insurance & Standard Unit By Law 

2021-05-21 Covid-19 Bulletin No. 41 – Ontario’s new reopening plan

2021-05-17 Covid-19 Bulletin No. 40 – Stay-At-Home order extended

2021-05-20 Condowise Learning Series No. 9 – The reality of cannabis legalization Join

2021-05-06 Covid-19 Bulletin No. 39 – Vaccine Update

2021-05-05 Vaccine appointments available this week

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

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

2021-05-26 Dawn of a new era in the CAT? CAT awards Legal Costs for enforcement against unit owner

Newsletter

Feature Newsletter – Common Elements – June 2021

Video / Webinar

with Associates, 2021-05-26 (1:03:36)
with Patricia Elia , 21-05-06 (1:05:24)
with Patricia Elia, Part 2 of 2, 2021-04-14 (1:03:28)
with Patricia Elia, Part 1 of 2, 2021-04-14 (1:01:27)

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

Fogler, Rubinoff  LLP – Toronto

Defining Terms and the Important Distinction Between Rules and Policies In Boodram v Peel Standard Condominium Corporation No. 8431 , the Condominium Authority Tribunal (the “CAT”) reviewed the Corporation’s ability to make a determination as to whether someone is a visitor or resident, in order to properly apply the Corporation’s declaration provision which prohibits a resident from parking in Visitor Parking.

The issue was not whether the Corporation could enforce the provision of the Declaration, but rather, whether the Corporation had authority to make a determination as to whether someone was a visitor or resident in order to enforce the provision. The Applicant contested the Corporation’s policies relating to the issuing and enforcement of visitor parking permits and argued that the policies were improperly enacted rules, which were therefore not enforceable.

Source: © Rachel Fielding and Emily Duncan, © 2021 Fogler, Rubinoff LLP

Real estate lawyer’s quarter post count – 1, (Ytd – 2).

By Rachel Fielding, B.A., J.D., Associate and Emily Duncan B.A., J.D., Associate

2021-04-26 Defining terms and the important distinction between rules and policies

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

* Gardiner Miller Arnold LLP – Toronto

Standard Unit By-law Upgrades  GMA is proud of our comprehensive Standard Unit By-law (“SUBL”) and streamlined processing arrangements.

Our SUBL precedent has recently evolved.  We have buttressed its existing strict liability insurance deductible provision by specifically defining circumstances where an owner is liable for a water leak, fire or other “act or omission” perils, in case the government proclaims the proposed amendments to s. 105 of the Condo Act.

The SUBL can be adjusted to protect the Corporation from incurring excessive insurance deductible amounts.  We have also clarified the Corporation’s optional rights of inspection of various unit safety devices and hazards, including chargeback rights in s. 92 or s. 105 scenarios, as described below.   Here are some of our SUBL improvements:

Source: Bob Gardiner, © 2021, Gardiner Miller Arnold LLP

Condominium law firm’s quarter writing count – 6, (Ytd – 16).

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

2021-06-02 “Like a Mortgagee”: no uncertainty with condo liens and foreclosure/power of sale

2021-04-30 Lien challenges: applying pressure doesn’t stop the bleeding

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

By Bob Gardiner, Partner

2021-06-11 Standard unit by-law upgrades

By An Nguyen, J.D., Associate

2021-05-19 Condo business as usual with electronic signatures

2021-04-19 Mask exemption: accommodation process is a two-way street

Newsletter

Feature Newsletter – Condo Alert! Spring 2021 –  PDF

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

Can the CAT evict your dog? As many of our readers know, on October 1, 2020 the Condominium Authority Tribunal (also known as the CAT),  expanded its jurisdiction beyond records requests. The CAT now handles disputes relating to pets, parking, storage and lockers (and chargebacks related to these).

This is a relatively new change, and, as such, many of us were waiting to see how the CAT would approach these cases and the scope of what it could order.

In a recent case, the CAT ruled on whether it had the power to evicted pets.

Source: Graeme Macpherson, © 2020 Gowling WLG (Canada) LLP 

Real estate lawyers quarter post count -13, (Ytd – 29), Videos -3, (Ytd – 6).

By Rodrigue Escayola, Partner

2021-06-08 New reopening regulations are out! What does Step-1 mean for condos?

2021-05-26 Webinar: Ontario’s 3-step reopening of Condoland this summer (June 2, at 5pm)

2021-05-20 Ontario’s new COVID response framework

2021-05-13 Stay at Home order extended until June 2

2021-04-27 Webinar: Deep dive on condo rules (May 5 at 5pm)

2021-04-20 Does the “Stay at Home Order” require condo owners to stay in their unit?

2021-04-16 Ontario’s latest public health measures impacting condos

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

By Graeme Macpherson, Associate

2021-06-01 Can the CAT evict your dog?

2021-04-29 Can you enforce a policy the same way as a rule?

Video / Webinar

with Rodrigue Escayola, 2021-06-04 (1:03:35)
with Rodrigue Escayola, 2021-05-17 (1:04:41)
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 – 3, (Ytd – 10).

Video / Webinar

with Brian Horlick  and  Julia Lurye , 2021-06-08 (1:03:26)
with Bradley Chaplick, 2021-05-19 (1:02:08)
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 Authority Tribunal Decision – Shared Facilities Parking – CAT or Mediation/Arbitration The Condominium Authority Tribunal’s (“CAT”) recent decision Datri v. York Region Standard Condominium Corporation No. 1188 confirms that all disputes between corporations must proceed through mandatory mediation/arbitration outlined in section 132 of the Condominium Act, 1998 (the “Act”).

In Datri, the applicant was an owner and director for the respondent, YRSCC No. 1188. The applicant listed YRSCC 1191 as an intervenor in the case. The two corporations were party to a shared facilities agreement (the “SFA”) which governed its visitor parking spaces. The applicant brought the proceeding with respect to a dispute about the intervenor’s implementation of new parking rules, claiming that the changes were implemented without a shared facilities board meeting in contravention of the SFA. The applicant sought an order exclusively against the intervenor.

Source: Natalia Polis, © 2021 Lash Condo Law 

Real estate law firm’s quarter post count – 11, (Ytd – 27).

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

2021-05-18 Chairing a virtual meeting – Advanced certification CAI Canada

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 Sarah Morrey, B.A. (Hons), J.D.

2021-04-28 Request for accommodation in condos – accommodation and harassment

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

2021-05-25 Condo Authority Tribunal Decision – Shared facilities parking – CAT or mediation/arbitration

2021-05-21 CAT and Dogs – A Condominium Authority Tribunal decision

2021-05-17 Condominium Authority Tribunal Decision – Loss of quorum

2021-05-13 Condominium Authority Tribunal – Pet decision on rules

2021-04-22 Condo Policies – Condo Authority Tribunal decision

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 corporation’s charge back for legal fees? The Condominium Authority Tribunal’s (“CAT” or the “Tribunal”) recent decision in Peel Condominium Corporation No. 96 v. Psofimis (“Psofimis”) should bring relief to condominium corporations across Ontario. In Psofimis, CAT awarded the corporation the legal fees it incurred pursuing enforcement action against an owner.

In Psofimis, the unit owner had a history of violating the corporation’s pet weight restrictions. This included an incident with a previous dog whereby the corporation agreed to “grandfather” the animal if the owner signed an agreement that they would not again contravene the weight restrictions if the dog passed away. Despite signing the agreement, the owner purchased a new dog which grew to contravene the weight restrictions.

Source: Jason Rivait, © 2021 Miller Thomson LLP 

Real estate lawyer’s quarter post count – 4, (Ytd – 8).

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

2021-06-03 Can condo corporation’s charge back for legal fees?

2021-05-11 Condo declaration can limit uses of a unit 

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

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

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

2021-05-20 The benefits of special assessment insurance

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

Can You Arbitrate Oppression Claims Between Condos? Today’s post is about a recent Court of Appeal decision regarding arbitration in condominiums. The facts are straightforward. Two condominiums were parties to a cost-sharing agreement. There was a dispute about the amounts owing under the cost-sharing agreement. The parties participated in a mediation, which was unsuccessful. One of the condominiums sought to arbitrate the dispute. The other disagreed that aribtration was appropriate and commenced an application to the Superior Court of Justice seeking various relief, including an order that the conduct of the first condominium was oppressive, unfairly prejudicial or unfairly disregards the interests of the condominium pursuant to section 135 of the Condominium Act, 1998.

In response to the application, the other condominium brought a motion to stay the application in favour of arbitration. The motion judge found that the entire matter should proceed before the court, despite finding that some matters were within the jurisdiction of an arbitrator under section 132 of the Act. The decision was appealed.

Source: Michelle Kelly, © Robson Carpenter LLP

Real estate advocate’s quarter information count – 7, (Ytd – 17).

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

2021-06-08 Can you arbitrate oppression claims between condos?

2021-05-20 We Want Your Feedback!

2021-05-10 The Cat rules on parking dispute

2021-04-29 Owner’s meritless challenge to lien results in big win for condo

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

Annual Inspections  As many in the condominium industry are aware, condominium insurance premiums and deductible limits are rising at an alarming rate. The frequency of floods, and the significant damages that can result, are one of the driving forces behind these steep increases.

While many continue to petition the government of Ontario to step in and address the looming condominium insurance crisis, there are practical solutions that condominium corporations can deploy to reduce the likelihood of major floods. It is important to remember that without a good insurance deductible provision in the corporation’s by-laws, the deductible will, in most cases, be paid by the corporation and this can have a serious impact on the corporation’s finances.

Source: Audrey Loeb, Joel Berkovitz and Evan Holt, © Shibley Righton LLP

Real estate lawyers quarter post count – 6, (Ytd – 11).

 By SR Team

2021-06-10 Rules for condominium patios and terraces in Step 1

2021-05-10 Annual inspections

2021-04-19 Maintenance, repair and construction during lockdown 

2021-04-18 New emergency orders designed to limit the spread of Covid-19 during third wave

2021-04-16 Breaking news! Ontario government announces new restrictions amid surge in Covid-19 cases

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

Condoland Socials

2021-06-29 CCI-Toronto (12:00 – 1:30PM) Condominium Authority Tribunal (CAT): Expanded Jurisdiction 8 months later; impact and observations Registration

2021-06-24 DHA (12:00 -12:45PM) DHA Condo Crunch: Updating and amending your governing documents Registration

2021-06-22 CCI-Grand River (6:30 – 8:00PM) Level 200 – Finances and Liens Registration

2021-06-22 CCI-Eastern Ontario (5:00 – 7:00PM) Managing Relationships in Condominiums Registration

2021-06-18 ACMO (9:00 – 4:00PM) Virtual Condominium Management Conference Registration

2021-06-17 CCI-Golden Horseshoe (5:00 – 7:00PM) Introduction to Condominiums Registration

2021-06-17 Elia Associates (12:00 – ?PM) Condowise Learning Series No. 10 – Insurance & Standard Unit By Law Join

2021-06-16 CCI-Golden Horseshoe (12:30 – 2:00PM) Terminating Geothermal Contracts Registration

2021-06-15 CCI-Grand River (6:30 – 8:00PM) The Future of Condos: A Post-COVID World Registration

2021-06-10 CAI (10:00 – 12:00PM)  CAI Canada Advanced Virtual Chair Certification

2021-06-09 CCI-National (4:00 – 5:30PM) Managing Owner Expectations

2021-06-08 CCI-Huronia (7:00 – 8:30PM) Special Wine and Wisdom

2021-06-08 CCI-Golden Horseshoe (12:00 – 1:00PM) COVID: Supply Shortfalls

2021-06-02 Gowling (5:00-6:00PM) Ontario’s 3-step reopening of Condoland this summer

2021-05-27 CCI-Windsor (12:00 – 1:00PM) Lunch and Learn: Mental Health & condo living

2021-05-25 Elia Associates (12:00 – ?PM) Condowise Learning Series No. 9 – The reality of cannabis legalization

2021-05-20 DHA (12:00 -12:45PM) DHA Condo Crunch: Modifications to common elements and services

2021-05-19 CCI-Toronto (12:00 – 1:30PM) EV Charging in Condos: Strategies and challenges

2021-05-19 ACMO (11:00 – 12:00PM) Smoke Signals – Required condo smoke control equipment testing and maintenance  

2021-05-18 CCI-Grand River (6:30 – 8:00PM) Level 200 – Dispute Resolution, CAT and CAO

2021-05-18 CCI-Golden Horseshoe (12:00 – 1:00PM) Dealing with harassment more than just a nuisance

2021-05-14 CCI-Huronia (12:00 – 1:30PM) Lunch and Learn Webinar – Condo Catch-Up

2021-05-13 CAI (1:00 – 2:00PM) A Virtual Fire Inspection: 22 Storey Residential Condominium

2021-05-13 MGCS (10:00 – 12:00PM) Elevator Owner Education Webinar

2021-05-06 Elia Associates (12:00 – ?PM) CondoWise Learning Series: Session No. 8 – Common Expenses Collection Process

2021-05-05 Gowling (5:00 – 6:00PM) Deep Dive on condo rules

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

2021-04-27 CCI-Toronto (12:00 – 1:30PM) Reserve funds, energy costs and emergency planning: Climate change in condos 101 

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

2021-04-20 CCI-Golden Horseshoe (12:00 – 1:00PM) COVID-19: The re-opening blues – Condo Talk

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

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

 
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 and need not be part of your reality.