Estimated reading time: 15 minutes
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
Table of Contents
- * 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
- Condoland Socials
- Helpful Links
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).Source: James Davidson, © 2021 Davidson Houle Allen LLP
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:
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!
2021-05-21 June 24th Condo Crunch Topic: You choose!
2021-05-13 DHA Condo Crunch: Modifications to common elements and services Event Reminder
2021-04-19 Ontario extends shutdown
2021-04-12 May 13th Condo Crunch topic: You choose!
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
By Mohiminol Khandaker, LL.L.,J.D., LL.M., Associate
2021-04-13 CCIEO presents: “Speed Dating – Condo Style”
By Nicole Robinson, Articling Student
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
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.Source: Victor Yee, © Elia Associates Professional Corporation
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.
Real estate counsel’s quarter presentation count – 10, (Ytd – 17), videos – 4, (Ytd – 8).
By Elia Associates
2021-05-06 Covid-19 Bulletin No. 39 – Vaccine Update
2021-05-05 Vaccine appointments available this week
By Victor Yee B.A. (Hons), J.D., Associate
Feature Newsletter – Common Elements – June 2021
Video / Webinar
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.Source: © Rachel Fielding and Emily Duncan, © 2021 Fogler, Rubinoff LLP
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.
Real estate lawyer’s quarter post count – 1, (Ytd – 2).
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.Source: Bob Gardiner, © 2021, Gardiner Miller Arnold LLP
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:
Condominium law firm’s quarter writing count – 6, (Ytd – 16).
By Tony Bui, B.A. (Hons), Associate
By Bob Gardiner, Partner
2021-06-11 Standard unit by-law upgrades
By An Nguyen, J.D., Associate
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).Source: Graeme Macpherson, © 2020 Gowling WLG (Canada) LLP
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.
Real estate lawyers quarter post count -13, (Ytd – 29), Videos -3, (Ytd – 6).
By Rodrigue Escayola, Partner
2021-05-20 Ontario’s new COVID response framework
2021-05-13 Stay at Home order extended until June 2
2021-04-15 Can I BBQ on my condo balcony?
2021-04-07 How the Stay At Home order impacts condos
By Graeme Macpherson, Associate
2021-06-01 Can the CAT evict your dog?
Video / 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 – 3, (Ytd – 10).
Video / 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 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”).Source: Natalia Polis, © 2021 Lash Condo Law
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.
Real estate law firm’s quarter post count – 11, (Ytd – 27).
By Denise Lash B.Sc., LL.B., ACCI, FCCI
By Sarah Morrey, B.A. (Hons), J.D.
By Natalia Polis, B.A. (Hons), J.D.
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.Source: Jason Rivait, © 2021 Miller Thomson LLP
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.
Real estate lawyer’s quarter post count – 4, (Ytd – 8).
By Justin McLarty, B.A., J.D., Associate
2021-05-11 Condo declaration can limit uses of a unit
By Michael Prosia, B.Sc. (Hons), J.D., Associate
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.Source: Michelle Kelly, © Robson Carpenter LLP
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.
Real estate advocate’s quarter information count – 7, (Ytd – 17).
By Michelle Kelly, B.Comm., LL.B., Partner
2021-05-20 We Want Your Feedback!
2021-05-10 The Cat rules on parking dispute
2021-04-16 Spring break reading: Courts edition
2021-04-14 Spring break reading: The CAT edition
* 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.Source: Audrey Loeb, Joel Berkovitz and Evan Holt, © Shibley Righton LLP
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.
Real estate lawyers quarter post count – 6, (Ytd – 11).
By SR Team
2021-05-10 Annual inspections
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