2021
APRIL 26
Defining Terms and the Important Distinction Between Rules and Policies
In Boodram v Peel Standard Condominium Corporation No. 843, 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.
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FEBRUARY 16
Ontario's Colour-Coded COVID-19 System & Condominium Restrictions as of February 16, 2021
As regions move back to the colour-coded framework, condominiums should be aware of relevant restrictions that affect day-to-day operations of the condominium including but not limited to changes to gym re-opening limits and gathering limits.
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2020
DECEMBER 22
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.
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AUGUST 27
Expanded Jurisdiction for CAT - Parking, Pets, Storage - Starting October 1, 2020
On August 26, 2020, the Ontario government announced that changes to expand the jurisdiction of the Condominium Authority Tribunal (the "CAT") will come into effect on October 1, 2020.
To date, the CAT's jurisdiction has been limited to hearing disputes relating to requests for records.
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MAY 13
Condominium Meetings - Bill 190 and Amendments to Condominium Act, 1998 - May 13, 2020 Update
On May 12, 2020, the provincial legislature approved (temporary) amendments to the Condominium Act, 1998 (the "Act") as part of Bill 190, the "COVID-19 Response and Reforms to Modernize Ontario Act, 2020".
Largely, these amendments to the Act mirror the earlier COVID-19 emergency order concerning condominium meetings and related issues. The emergency order, for example, provided time extensions for Annual General Meetings, allowed for 'virtual' condominium owners' meetings, permitted electronic service and implemented various other related measures.
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APRIL 27
Condominium Meetings - Emergency Order - April 27, 2020 Update
On the evening of Friday April 24, 2020, the Ontario government expanded the scope of its emergency orders to now address various issues relating to condominium owner and board meetings. The orders are retroactive to March 17, 2020 and will apply, unless amended further, for the duration of the emergency order.
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APRIL 20
"My Dog Ate The Records: The CAT Takes a Hard Line on Reasonable Excuses"
In one of the most recent decisions of the Condominium Authority Tribunal ("CAT" or the "Tribunal"), we can see that the CAT is taking a hard line on corporations and a "reasonable excuse" for the non-production of records. In Surinder Mehta v Peel Condominium Corporation No. 389, 2020 ONCAT 9, the Tribunal determined quite decisively that "they do not exist" is not a reasonable excuse for not producing required records, and corporations can expect to pay the maximum penalty in such situations.
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APRIL 14
"Residents Are in Isolation, How Can we Help?"
Unfortunately, due to the contagious nature of COVID-19, it is likely a matter of when, and not if, a resident will test positive, or be placed into isolation for being in contact with someone who has tested positive. As such, corporations need to be prepared.
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APRIL 02
Condos & Covid - Common Expense Relief?
The economic impacts of Covid-19 have Condo Boards asking "Can we give unit owners a break on their common expenses?"
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MARCH 12
Coronavirus and Condominiums - March 12, 2020 Update
Given the widespread public concern relating to coronavirus (COVID-19), which the World Health Organization has now declared to be a pandemic, we are writing to address some condominium specific issues...
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2019
OCTOBER 09
Condominium Commentary Conference Edition
OCTOBER 08
Condominium News - Quick Hits
This is a quick roundup of current condominium legal issues as we head into the Autumn of 2019.
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OCTOBER 08
Construction Contracts: NEW Mandatory Prompt Payment Requirements and Adjudication
On October 1, 2019, the second set of amendments to the Construction Lien Act came into force.
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OCTOBER 08
Trials and Tribulations of a CAT
Summer came late to Toronto this year, and with it, came an inudation of Condominium Authority Tribunal ("CAT" or the "Tribunal") matters.
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OCTOBER 08
Recent CAT Decisions - Manager Reports, Board "Notes", Redactions, Legal Costs, and More!
The Condominium Authority Tribunal ("CAT") has released some instructive decisions in the late summer/early fall of 2019 to further clarify records request matters and the CAT's own procedures.
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AUGUST 12
Recent CAT Decisions - Manager Reports, Board "Notes", Redactions, Legal Costs, and More!
The Condominium Authority Tribunal ("CAT") has recently released some instructive decisions further clarifying records request matters and the CAT's own procedures.
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2018
NOVEMBER 28
Recent Case Tests Anti-SLAPP Provisions in Condo Forum
Condominium communities can certainly be a lively forum for negative and destructive comments. Board members and managers are frequently accused of "receiving kickbacks" or "being on the take," or "acting in bad faith" and engaging in "illegal" methods...
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NOVEMBER 20
Condo Meetings — Tips, Tricks, and Reminders
Most of the time, our clients turn a blind eye to the possibility of a lawsuit. Clients will bury their heads in the sand until the fateful moment when the lawsuit becomes an actuality and can no longer be ignored...
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NOVEMBER 20
"This is a Lawsuit Waiting to Happen: Pre-Litigation Tips"
Most of the time, our clients turn a blind eye to the possibility of a lawsuit. Clients will bury their heads in the sand until the fateful moment when the lawsuit becomes an actuality and can no longer be ignored. Despite your best efforts, you might not be able to avoid a lawsuit...
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NOVEMBER 16
One Year After the Amendments to the Condominium Act – Are We Any Better Off?
It's been a rollercoaster year, to say the least, for Ontario's condominium industry in our collective efforts to implement the changes to the Condominium Act, 1998 (the "Act")...
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NOVEMBER 01
The Condo Board Bully
Those involved in the condominium industry long enough – directors, condominium managers, contractors or consultants – will inevitably encounter a “Condo Board Bully”...
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SEPTEMBER 28
Out of the Chair and into the Fire: New Directive on Ontario's Fire Code
High-rise buildings pose vertical challenges for firefighters. Recent fires in high-rise buildings have caused fire officials to crack down on the enforcement of the Ontario's Fire Code (which is Regulation 231/07 made under the Fire Protection and Prevention Act, 1997 the "FPPA")...
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MAY 14
New Proxy Form - A Fogler Rubinoff LLP Guide
The Ontario government updated the mandatory Proxy Form and released it on May 10, 2018. This new Proxy Form will need to be used going forward...
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MAY 11
Spring Case Law Update
Used with the permission of the Association of Condominium Managers of Ontario. (c) 2018.
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MAY 10
May 2018 Condominium Update (Including New Proxy Form)
The Ministry updated the mandatory proxy on May 10, 2018. This new form will need to be used going forward...
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MAY 01
Status Certificates Revisited: In Recent Court Ruling How Can a Condominium Corporation Disclose What it Doesn't Know?
A recent Ontario Court of Appeal decision sheds some more light on the effect of the failure to disclose certain declaration violations in a status certificate issued by a condominium corporation...
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MARCH 27
Condominium Legislative Changes - Electric Vehicle Charging Systems
The Ontario government has just announced legislative changes dealing with electric vehicle charging systems ("EVCS"), coming into effect on May 1, 2018...
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FEBRUARY 06
Fogler Rubinoff Welcomes Gareth Stackhouse to our Condominium Law Practice
JANUARY 19
Condominium Legislative Changes -- January 2018 Update
The changes to the condominium-related legislation continue to be enacted in various stages. Our office had prepared a "Directors' Guide" to the changes which came into force on November 1, 2017.
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2017
OCTOBER 31
"Bracing For Impact" - November 1, 2017 Changes - Condominium Legislation Update
Many changes to the Condominium Act, 1998 and related legislation are due to come into force tomorrow, November 1, 2017. Are you ready?
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SEPTEMBER 14
Survival Guide for Condo Directors – Phase 1
The Condo Law Group at Foglers (Carol Dirks, David Thiel and Khalid Karim) have prepared a handbook guide for condo directors highlighting the first phase of changes to the Condominium Act. Managers should feel free to circulate this guide to any of your Board members who may be interested.
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JULY 26
Condominium Legislative Changes -- Midsummer Update 2017
JUNE 16
Condominium Legislation Update
On June 12, 2017, the Ontario government released various details about the condominium legislation updates...
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APRIL 10
Insurance Deductible By-Laws Under The New Act – Will They Be Grandfathered?
Over the course of the past week approximately, there has been much discussion and several notices circulated in the condominium industry about the desirability to enact insurance deductible by-laws in advance of July 1, 2017 when certain changes in the Condominium Act, 1998 (the "Act") and its regulations may come into effect...
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FEBRUARY 15
First Release Of Details Of New Regulations Under The Condominium Act
On February 13, 2017, the Ontario government (finally) released some details concerning the proposed regulations (the "Regulations") under the Condominium Act, 1998 (the "Act")...
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JANUARY 19
Draft Condominium Management Regulations Released
Finally, we are starting to see some of the regulations released, in draft, arising from the Protecting Condominium Owners Act, 2015. This Act enacted both the Condominium Management Services Act, 2015 (the "CMSA") as well as extensive changes to the Condominium Act, 1998...
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2016
NOVEMBER 01
Condominium Commentary - Fall 2016
In this issue:
The Devil is in the Details - Top Ten Issues for the Regulations Under the Condominium Act, 1998, by David Thiel
Human Rights Legal Update -- Can the Holding of a Condominium Owners' Meeting Constitute Discrimination Under the Ontario Human Rights Code?, by Carol Dirks
Green Loans and Energy Efficiency Upgrades for Condos, by Lou Natale
The Condominium Law Group at Fogler, Rubinoff LLP is Pleased to Welcome Khalid Karim to our Team.
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APRIL 01
Condominium Commentary - Spring 2016
"Post No Bills" - Addressing Offensive Messages within Condominiums
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2015
OCTOBER 01
Condominium Commentary - Fall 2015
The Condominium Authority Under Bill 106 - Hopes and Fears
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FEBRUARY 11
Condominium Commentary - Winter 2015
JANUARY 13
Condominium Commentary - Winter 2015
2013
JUNE 18
Condominium Commentary - Spring 2013
2012
APRIL 01
Condominium Commentary - Spring 2012
2011
SEPTEMBER 01
Condominium Commentary - Fall 2011
JUNE 01
Condominium Commentary - Summer 2011
2010
SEPTEMBER 01
Condominium Commentary - Fall 2010
JUNE 01
Condominium Commentary - Summer 2010
2009
NOVEMBER 01
Condominium Commentary - Fall / Winter 2009
MAY 01
Condominium Commentary - Spring / Summer 2009
2008
SEPTEMBER 01
Condominium Commentary - Fall 2008
Defining Terms and the Important Distinction Between Rules and Policies
In Boodram v Peel Standard Condominium Corporation No. 843, 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.
