September 4, 2024
Reasonable Noise in Shared Living Environments
In Farinha v. White, the Condominium Authority Tribunal (CAT) addressed a common issue in condominiums: noise complaints between neighbours. This
Condo Law Blog
The latest on Condominium Law
A selection of important articles and podcasts from our team
August 30, 2024
Standard Units – A Refresher
Condominium owners sometimes assert that “the condominium corporation is responsible for my standard unit”, but that is not what standard units are all about. Repair responsibility is determined by the Condominium Act and by the Declaration. In most cases, the standard unit description doesn’t impact the repair responsibility.
August 21, 2024
Balancing the Scales: The Impact of Peel Condominium Corporation No. 94 v. Cooper on Pet Policies and Enforcement
The recent ruling by the Condominium Authority Tribunal (CAT) in Peel Condominium Corporation No. 94 v. Cooper highlights the enforcement of condominium rules and pet owner responsibilities. The Tribunal upheld the Board’s decision, affirming that pet owner’s persistent non-compliance with pet regulations rendered her dog a nuisance.
August 14, 2024
What Amounts to an Unreasonable Noise Disturbance?
In three recent cases, the Condominium Authority Tribunal (CAT) held that noise from (i) improper use of gym equipment, (ii) a parking garage door, and (iii) yelling, shouting, jumping, banging, and slamming doors constituted unreasonable noise and nuisance.
July 25, 2024
What About Requiring a Service Animal Vest?
In a recent case, the Condominium Authority Tribunal (CAT) ruled against a condominium corporation’s proposed condition that an owner’s service animal should be required to wear an identifying vest. We’re concerned about this decision.
July 19, 2024
CAT Deals with Noise and Human Rights
In a recent case, the Condominium Authority Tribunal (CAT) found that a tenant was causing unreasonable noise and that the landlord had failed to take reasonable steps to obtain the tenant’s compliance. The CAT also found that the condominium corporation had not violated the tenant’s human rights under the Ontario Human Rights Code.
July 12, 2024
Pet Rules and the Duty to Accommodate
A recent decision of the Condominium Authority Tribunal (CAT) provides helpful guidance about the principles that apply when a resident seeks an exception from a pet rule due to a disability.
July 3, 2024
Parking Is Not Storage
A recent decision of the Condominium Authority Tribunal (CAT) provides some helpful insight into permitted uses for parking units.
June 26, 2024
Court Orders Owner to Sell and Vacate Unit
In the history of Ontario condominium law, there have only been a handful of cases where a Court has ordered an owner to sell the owner’s unit. Except in the most extreme cases, the Courts prefer to order the owner to comply with the condominium corporation’s governing documents, and then to order a sale only if there is a further and serious non-compliance. This is an example.
May 13, 2024
CAT Deals With Competing Needs Respecting a Water Feature
In a recent case, the Condominium Authority Tribunal (CAT) dealt with the competing effects (upon two different residents) caused by a water feature owned by one of the residents.
Podcast:
Episode 40 - Collections Condo Crunch
#40
May 2, 2024
Episode 40 – Collections
If you missed our Collections Condo Crunch on March 28, 2024, it is now available as the latest episode of our Condopedia podcast.
April 23, 2024
CAT Deals with Noise and Light from Traffic on Nearby Major Road
In a recent case, the Condominium Authority Tribunal (CAT) dismissed an owner’s claim in which the owner sought protection from traffic and light coming from a nearby major road.
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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.
