In a recent case, the Condominium Authority Tribunal (CAT) found that the condominium corporation failed to adequately maintain required records. As a result, the condominium could not answer a records request.
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In a recent case, the Ontario Superior Court dismissed an owner’s claim for oppression in relation to a noise complaint. The Court found that the Corporation took all the steps it could to address noise from the unit above.
A recent decision of the Condominium Authority Tribunal (CAT) offers some very helpful insight into how the CAT will tackle noise complaints associated with newly-installed hard flooring.
Can a Records Request Be Made for an Improper Purpose And/or an Abuse of Process? A Recent CAT Decision Weighs In
A recent CAT decision reiterates well established principles regarding the “adequacy” of minutes, and provides insight into how the Tribunal may address situations involving an abuse of process, records requests made for an improper purpose, and/or vexatious conduct.
This or That… to the Court or the CAT?
We are receiving an increasing number of enquiries about winter maintenance (snow and ice removal) contracts. We have increasing concerns about the wording of such contracts.
Perhaps understandably, winter maintenance contractors are worried about their risks and their potential liabilities. It seems that climate change has brought more freeze-thaw to our region, which of course increases the risks for slip-and-fall incidents, and therefore the risks for claims against winter maintenance contractors. As a result, it appears to us that some winter maintenance contractors are looking to control their risks by way of revised wording in their contracts. Our message to condominium corporations and managers is: carefully scrutinize the wording of these contracts. When in doubt, consider seeking legal advice.
The Return of the Condo Crunch - Condo Meetings
Another recent decision of the Condominium Authority Tribunal (CAT) provides even more clarity about the CAT’s jurisdiction to deal with nuisance claims and about cost awards by the CAT.
A recent decision of the Condominium Authority Tribunal (CAT) provides additional helpful guidance about the Tribunal’s willingness (in some cases) to award In-CAT costs.
Sign up now and take advantage of early bird pricing for CCI Eastern Ontario’s premier Condominium Conference, taking place November 4 & 5 at the Ottawa Conference and Event Centre. Come see Eastern Ontario’s foremost condominium experts, including six of DHA’s own, talk about the latest and greatest in condo! Our lawyers are extremely excited to be back presenting (in-person!) again, and we look forward to seeing you there!
A recent CAT decision dealt with a situation in which the nuisance alleged did not fall within one of the specified categories of nuisance over which the CAT has jurisdiction. In such a circumstance, there may be a provision within the condominium’s governing documents that may assist.
In a recent case, the Condominium Authority Tribunal (CAT) declined to order that a dog be removed from the property. The Tribunal held that the Board’s decision to demand the dog’s removal was not “reasoned and reasonable”.
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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.