Condo Mania

Updated: January 15, 2020

Estimated reading time: 11 minutes

The ultimate guide to condominium law practices in Ontario. Where to get answers to your questions by legal experts sharing information.

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

Where can I find a condo lawyer?

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.

What information do condominium lawyers provide to the public?

The first quarter consists of 20 posts so far (written & recorded) by 10 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.

How To Use  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

Government Holds Consultations on Legislative Changes Enabling Virtual Processes Under the Condominium Act  The Government of Ontario is currently holding written public consultations about making legislative changes to authorize virtual and digital processes under the Condominium Act, 1998. As our readers may recall, last summer, the government enacted the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 in response to the ongoing COVID-19 pandemic. Schedule 5 of the Act amends the Condominium Act, 1998, among other things, to defer meetings and AGMs and to allow meetings to be hosted virtually because of the pandemic. These temporary amendments to the Act were later extended by way of regulations to allow condominiums to hold meetings virtually or by telephone until May 31, 2021 (subject to certain conditions).

Source: Mohiminol Khandaker, © 2021 Davidson Houle Allen LLP 

Law firm’s quarter article count – 9, podcast – 1 :

By DHA Team

What does the shutdown mean for permitted work in condominiums? – January 14

Province announces second emergency: How will this impact condominiums? – January 13

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

Government announces province-wide shutdown and additional restrictions – December 21

25% reduction in CAO fees to continue into 2021-22 – December 15

Lawyers, guns and money – with DHA’s Jim Davidson – November 30

Holiday Q&A with DHA! – November 27

By Melissa Andrews and Mohiminol Khandaker

A duty of honest performance in condominium contracts – January 05

By James Davidson, Partner

Some words about warranties – January 14

The importance of meeting – January 06

A look forward at 2021 – January 01

A look back at 2020 – December 31

Auditor General’s report on the Ontario condominium industry – December 10

How to list candidates in a Notice of Meeting – December 08

Condominium meetings during the pandemic – an update – November 20

Human Rights – sometimes more than one process – November 18

More about chargebacks – November 17

CAO publishes new Condo Guide – November 6

By Nancy Houle, Partner

The silver lining – condominium meetings and accessibility – January 15

By Mohiminol Khandaker, Articling Student

Government holds consultations on legislative changes enabling virtual processes under the Condominium Act – January 08

Join Melinda Andrews at Buildings Week! – December 01

By Nicole Robinson, Articling Student

Tarion and the New Home Construction Regulatory Authority – December 31

By Cheryll Wood and Mohiminol Khandaker

Condos and Gyms… Where Are We Now: Province Introduces New COVID-19 Response Framework and Restrictions – November 4

Podcast

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

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

COVID-19 Bulletin No. 33: Back to the Future – Ontario Returns to Province Lockdown Effective 12:01am Saturday, December 26th 2020, Ontario entered a province-wide lockdown to minimise the transmission of COVID-19 and to prevent hospitals from becoming overwhelmed. All Public Health Regions were moved into the “Grey Zone” of the five-zone system put in place by the Ontario Government.

Source: © Elia Associates Professional Corporation

Real estate counsel’s quarter presentation count – 0, videos 0 :

By Elia Associates

COVID-19 Bulletin No. 33: Back to the future – Ontario returns to province lockdown – December 29

COVID-19 Bulletin No. 32: Ontario enforces tougher restrictions on regions – December 15

COVID-19 Bulletin No. 31: Should visitors be restricted? – December 01

COVID-19 Bulletin No. 30: Toronto and Peel region returning to lockdown – November 27

COVID-19 Bulletin No. 29: COVID-19 Restrictions in Ontario – November 23

By Victor Yee

With all due respect to the Auditor General … Democracy is messy, managers should be paid more, levelling the playing field means awarding costs to either side, and the silent majority of condos are doing OK – December 10

Video and Webinar

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

Condominium Law Update: New SCC Decision Confirms the Duty to Act Honestly in Contracts In C.M. Callow Inc. v Zollinger, 2020 SCC 45, a decision released on December 18, 2020, the Supreme Court of Canada confirmed that parties to a contract must act in good faith and have a duty to act honestly, even when exercising a right of termination in a contract. Misleading a party with whom a party is in a contract with, even if the party is abiding by the strict terms of the contract, can constitute dishonesty and will attract damages for the other party.

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

Real estate lawyer’s quarter post count – 0:

By Emily Duncan and Rachel Fielding, Associates

Condominium law update: New SCC decision confirms the duty to act honestly in contracts – December 22

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

Gardiner Miller Arnold LLP – Toronto

No Oppression Claim Against Directors Personally Unless a Director Instigates the Conduct There are limited circumstances where directors of condominium corporations can be personally liable for oppressive conduct under Condominium Act, 1998. In a recent Ontario Superior Court of Justice decision, the declarant (also a unit owner at a vacant land condominium corporation) sued the condominium corporation and the individual directors. 

Source: An Nguyen, © 2020, Gardiner Miller Arnold LLP 

Condominium law practice quarter writings count – 0 :

By Tony Bui, Associate

CAT issues first order under Rule 4.5 – Applicant must obtain permission before continuing any proceedings – December 21

By Andrea Lusk

Top 10 condo cases 0f 2020 – December 30

By An Nguyen, Associate

No oppression claim against directors personally unless a director instigates the conduct – December 01

By An Nguyen and Tony Bui, Associates

Electronic meeting recordings and best practices – November 12

By Alex Young, Associate

Key take-aways from the CAT record request decisions – Part 2 – December 15

Newsletter

Feature Newsletter – Condo Alert! Winter 2020 –  PDF

Feature Newsletter – Condo Alert! Autumn 2020 – PDF

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

Should Electronic Voting and Virtual AGMs Stay? Ontario Wants Your Opinion! The Ministry of Government and Consumer Services seeks your opinion on whether to make permanent the changes Ontario has implemented to enable digital and virtual processes under the Condo Act.

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

Real estate expert’s quarter feature count – 3, Videos -0 :

By Rodrigue Escayola, Partner

Ontario declares second state of emergency: What it means for condos – January 12

Should Electronic Voting and Virtual AGMs Stay? Ontario Wants Your Opinion! – January 08

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

Provincewide COVID shutdown and impact on condos – December 21

A condo Christmas carol – December 16

Big changes to “slip and Fall” claims against condos – December 10

Auditor General’s scathing report on the condo industry in Ontario – December 08

Condo knowledge opportunities in December – November 30

What “lockdown” means for Peel and Toronto condos – November 23

Toronto & Peel condos moved to lockdown restrictions – November 20

Holiday webinar: a year in review and condo jeopardy competition! (Dec. 2 at 5pm) –
November 20

Confused by colour zones and restrictions? Try our COVID tool – November 17

Condo Gyms & Pools Under Ontario’s New COVID-19 Colour-Coded Restrictions – November 13

Condos under Ontario’s new colour-coded COVID framework – November 9

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 – 1 :

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

Say Goodbye to Proxies – Ministry Submissions by Feb. 8th, 2021 Since November 2017, when the Condominium Act was amended to allow telephone and electronic voting, there have been posts and articles written by many naysayers. These critics oppose any change to allow for an unfamiliar voting process and continue to resist any movement away from the use of a proxy form.

Source: Denise Lash, © 2017 Lash Condo Law 

Condominium champion’s quarter composition count – 2 :

By Denise Lash

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

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

Virtual meetings in 2020 lessons learned – what’s new in 2021? – December 15

Adjourned condo meetings – December 01

Condo Webinars: the new normal/new legal issues – November 27

Virtual meetings – the recording – November 10

By Josh Milgrom

Happy holidays from Lash Condo Law – December 08

Toronto and Peel condos – close your gyms and other lockdown requirements – November 23

By Joseph Salmon

Condo lawsuits – new protocols for snow and ice injuries – December 28

Honesty is the best legal policy- condo court decision – December 22

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

Looking forward – five emerging condo trends for 2021  Good riddance to 2020.  It was a challenging year by any stretch, but the industry prevailed with the hard work of many front-line condominium personnel including, but not limited to, cleaners, security staff, superintendents and property managers.  While we are not out of the woods quite yet, a big thank you goes out to all of those who kept the industry afloat during 2020.

Source: Jason Rivait, © 2021 Miller Thomson LLP  

Real estate lawyer’s quarter post count – 1 :

By Eric Laxton, Associate

Upcoming changes to the sale of pre-construction residential condominium units – December 11

By Jason Riviat, Partner

Looking forward – five emerging condo trends for 2021 – January 07

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

Can Condo Boards Pass Rules Without a Vote of Owners?Last week we described the process for creating new condo by-laws. One of our astute readers asked: Is the process for passing rules the same as passing by-laws? Today, we tackle that question.

Before we dive into the process for passing rules, we should quickly answer another common question. What can rules be used for? Rules cover a variety of topics in condominiums, including parking on the property, garbage disposal, moving procedure (i.e. booking the elevator), use of the common elements and amenities (i.e. pools, greenspace), and noise, odours, and other nuisances.

Source: Michelle Kelly, © Robson Carpenter LLP

Real estate advocate’s quarter information count – 3:

By Annie Bailey, Associate

10 condo law highlights of 2020 – December 08

By Michelle Kelly, Associate

Can condo boards pass rules without a vote of owners? – January 11

Condo by-laws: What’s the deal with voting? – January 07

Wonderful surprise to end 2020! – January 04

The curse of COVID: Recap of the top 2020 stories – December 17

COVID-19: Five new categories – November 30

Solicitor-Client privilege waived by discussing bills with owners – November 18

Upcoming amendments: January 1, 2021 – November 6

Shibley Righton LLP – Windsor, Hamilton, Toronto

Questions Regarding New November 2020 Lockdowns in Toronto and Peel Region  With Toronto and Peel Region going into ‘lockdown’ for a 28 day period, we have begun to receive questions regarding the impacts of these new restrictions on condominium business.

Source: © Shibley Righton LLP

Law practice lawyer’s quarter review count – 0:

 By SR Team

Questions regarding new November 2020 lockdowns in Toronto and Peel region – November 24

Toronto and Peel enter lockdown – November 23

Condominium gyms to reopen – November 6

Webinar Events

01/26/2021 – CCI-T Webinar (12:00 – 1:30 PM) – Annual Condo Governance Registration

Helpful Links

 Condominium Law Practices Chit-Chat – Qtr4/20

 Condominium Real Estate Data – Qtr4/20

Condominium Real Estate Governance – Qtr4/20

Condominium Real Estate Life – Qtr4/20

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