As we’ve reported in a number of previous blogs, the jurisdiction of the Condominium Authority Tribunal (CAT) is growing, and will no doubt continue to grow. More and more condominium disputes will be decided by way of application to the CAT. Who will be handling these applications on behalf of condominium corporations?
Condo Law Blog
The latest on Condominium Law
A selection of important articles and podcasts from our team
A recent decision of the Condominium Authority Tribunal (CAT) is in my view a hugely important decision on two issues:
(1) The decision confirms the CAT’s willingness to enforce pet provisions in a corporation’s Declaration or Rules.
(2) The decision shows how the CAT will approach claims for costs (including costs incurred before and during the CAT process).
Episode 15 - Condo Crunch - Construction Related Issues Part 1
Our mini condo crunch series about construction law issues began on September 29. If you missed it, no worries. It is now the latest episode of our podcast. Don’t forget to register for Part II, scheduled to happen on October 29.
As our readers will know from previous posts, the jurisdiction of the Condominium Authority Tribunal (CAT) has been expanded (and will expand even more in 2022!). One of the CAT’s areas of jurisdiction is to deal with disputes respecting provisions (in a condominium corporation’s Declaration, By-laws or Rules) “that prohibit, restrict or otherwise govern pets or other animals in a unit, the common elements or the assets, if any, of the corporation”. In a recent case, the CAT confirmed that this jurisdiction extends to related Human Rights issues.
A recent Court decision shows how the Condominium Management Regulatory Authority of Ontario (CMRAO) can be helpful when it comes to enforcing obligations of managers under the Condominium Management Services Act and Regulations (CMSA).
As I’m sure our readers will know, there is no “set format” or “regulated format” for Minutes (whether Minutes of Board Meetings or Minutes of Owners’ Meetings). The Condominium Act says that Minutes must be kept, but doesn’t say what Minutes must contain. The essential elements appear to be: The date of the meeting; the attendees; the resolutions (with mover and seconder); and (as confirmed in this blog) enough detail of the discussions to properly understand the resolutions.
On September 22, 2021, the Ontario Human Rights Commission (the OHRC) issued a “policy statement on Covid-19 vaccine mandates and proof of vaccine certificates”. The statement provides helpful guidance about how such mandates dovetail with the Ontario Human Rights Code.
The Ministry of Government and Consumer Services has announced the enactment of several amendments to the Condominium Act and expanded jurisdiction of the Condominium Authority Tribunal from January 1, 2022.
Further to our blog on September 16th about the proof of vaccination requirements in condominiums, we have now heard back from the Ministry.
On September 14, 2021 applicable regulations regarding proof of vaccination in Ontario were published. The regulations offer insight on the proof of vaccination requirements which will come into effect as of September 22, 2021. Here are our thoughts on how this impacts condominiums.
In a recent decision under its expanded jurisdiction, the Condominium Authority Tribunal (CAT) has upheld a Rule respecting visitors parking. The decision is also interesting because there was no award of costs.
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Condo Cases Across Canada
A quarterly publication of the Canadian Condominium Institute, National Chapter.
Each issue contains summaries of some of the latest condominium decisions (from Courts and Administrative Tribunals) across the country. Not all cases are summarized. But most of the key condominium cases are summarized.
Editor: James Davidson, LLB., FCCI
Jim has been practicing condominium law for over 30 years. He represents condominium corporations, their directors, owners, and insurers throughout Eastern Ontario. His experience also includes building deficiencies, shared property interests, co-ownership and construction law.