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September 27, 2012 Mario D. Deo
Posted in Condo Litigation

The Case for Better Consumer Protection for Condominium Owners

Preventing Condominiums From Sliding into a State of Disrepair The Government of Ontario must amend the Condominium Act, 1998 (the “Ac...

August 17, 2012
Posted in Condo Litigation

Keeping the Peace in Condos and Rule Enforcement - A Manager's Opinion Matters

In a recently released decision dealing with a Toronto condo, York Condominium Corporation No. 137 v. Hayes, the court made restraining orders to ...

May 29, 2012
Posted in Condo Litigation

Requisition to Remove Board Invalid for Misrepresentations

In a decision of the Ontario Superior Court of Justice rendered May 22, 2012, the court has struck down a requisition to remove a condominium boar...

May 16, 2012 Bradley Chaplick
Posted in Condo Litigation

Condo Ordered to Pay Damages to Residents Affected by Second-Hand Smoke

In the Ontario condo law community, the debate rages about smoking and what to do about it. Meanwhile, in British Columbia, the B.C. Human Right...

May 11, 2012 Bradley Chaplick
Posted in Condo Litigation

When will a condominum board's decisions be reviewed by the courts?

Discretionary Tools: How your Condominium Can Make Expert Decisions A board of directors in a condominium corporation is routinely required to ma...

May 10, 2012 Jonathan H. Fine
Posted in Condo Litigation

Communication: Be Smart and Err on the Side of Caution

In a lawsuit, a condominium corporation, like any other party, is obliged to produce to the other side, any relevant “documents”, wh...

April 13, 2012
Posted in Condo Litigation

MCC 173 ats. The Courthouse Block Inc.

This case was about a condominium corporation in London Ontario that was being sued under Section 135 of the Condominium Act, 1998 (oppression r...

May 27, 2011
Posted in Condo Litigation

Human Rights Tribunal and Pool Restrictions

A recent interesting case at the Ontario Human Rights Tribunal dealt with restrictions against children using a condominium pool. ...

April 04, 2011 Bradley Chaplick
Posted in Condo Litigation

Requests for Records under the Condominium Act: A Clear Warning to Unit Owners

A common challenge facing condominium corporations is the presence of "condo commandos", unit owners who engage in a course of conduct that interf...

December 06, 2010 Mario D. Deo
Posted in Condo Litigation

Hoarding in a Condominium

A man’s home is his castle, except when he hoards in a condo. Hoarding can be defined as the acquisition of and the failure to discard...

November 12, 2010
Posted in Condo Litigation

Toronto condominium corporation was vicariously liable for superintendent's actions

Toronto condominium lawyers are taking note! A recent Toronto condominium case drives home the principle of vicarious liability of an emplo...

October 29, 2010 Bradley Chaplick
Posted in Condo Litigation

Rear Deck Case Affirms Condominium Corporations’ Rights

In the recent case of Durham C.C. No. 90 v. Wallace, the unit owners in question had sought and obtained approval from the condominium corporati...

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September 17, 2010 Bradley Chaplick
Posted in Condo Litigation

Dangerous Neighbours

What can a condominium corporation do when a resident is creating a dangerous situation? As shown in the recent decision of MTCC 747 v. Koro...

August 20, 2010
Posted in Condo Litigation

Condo Board's Decision Making Process - A Recent Case

A recent British Columbia Strata case reinforces and articulates the court's deference to a board of directors' decision making process: a ch...

August 13, 2010
Posted in Condo Litigation

Occupiers Liability - A Recent Case

Condominium corporations should apply common sense and preventative measures to avoid slip and falls occurring on the common elemen...

January 22, 2010
Posted in Condo Litigation

Small Claims Court

On January 1, 2010, the maximum value of a claim in Small Claims Court increased from $10,000.00 to $25,000.00. If you are served ...

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