Updated: 2021-04-16
Estimated reading time: 10 minutes
The ultimate guide to condominium law practices in Ontario. Top 4 legal firms providing webinars to answer owner questions about community problems.
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 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
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 – 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
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.
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 – 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
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
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.
Source: Natalia Polis, © 2017 Lash Condo Law
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”).
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.
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 – 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
Helpful Links
About Ontario Condominium Culture
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