2019 in Review – What to expect in 2020

Our favourite Court decisions from 2019

Chapadeau v. Devlin Court awards substantial indemnity costs to Co-tenancy Committee under terms of Co-tenancy Agreement.  (Handled by Christy Allen of our office.)
Durham CC 43 v. BradleyOwner required to enter into Section 98 Agreement in relation to backyard deck.
MTCC 1328 v. 2145401 Ontario Inc.Condominium corporation entitled to enter unit to investigate any noises or vibrations emanating from staircase.
Yeung v. MTCC 1136Emails are generally not part of condominium records.
Samuel v. MTCC 979Owners are not entitled to see email addresses of other owners or mortgagees (unless those other owners or mortgagees agree).
OCSCC 671 v. Friend Court makes various interim orders to prevent ongoing harassment by the owner. (Handled by Cheryll Wood of our office.)
York CC 187 v. SandhuOwner liable for costs incurred by condominium corporation in defending unwarranted claim by owner’s tenant.
Wellington CC 31 v. SilberbergCourt upholds Rule prohibiting smoking on the balconies.
R. v. YuCourt clarifies surveillance and evidence-gathering rights (by the condominium corporation and the police) in relation to condominium properties.
Mohamoud v. CCC 25Condominium corporation fulfilled its obligations in relation to roof-top noise.  (Handled by Melinda Andrews of our office.)

Here are some of the other highlights (or in some cases “lowlights”) from 2019:

  • More and more condominiums are passing Rules to regulate all types of smoking, as well as the growing of cannabis, on the common elements and in the units.
  • More and more condominiums are making important amendments to the Declarations – particularly adding strong indemnification provisions.
  • The City of Ottawa’s new water billing structure has meant (in our view unfair) increases in water costs for many bulk-metered condominiums.
  • The Condominium Authority of Ontario (CAO) is taking over responsibility for most forms under Ontario condominium legislation.

What is coming in 2020?

  • The Small Claims Court limit will increase from $25,000 to $35,000 effective January 1, 2020.
  • We think we can expect new Regulations from the City of Ottawa dealing with Short-Term Rentals, including (a) licensing requirements (b) fees and taxes on Short-Term Rental operations (c) in the case of condominium units, a requirement that Short-Term Rentals be permitted by the condominium corporation’s Declaration, By-laws and Rules; and (d) that Short-Term Rentals only be permitted in a person’s primary residence.
  • The jurisdiction of the Condominium Authority Tribunal (CAT) will likely be increased to cover additional types of disputes between condominium corporations and owners/residents. Currently, CAT only deals with disputes in relation to access to condominium corporation records.  This will raise important issues about the rights of condominium corporations to recover costs incurred in such disputes.
  • We can expect to see some significant changes to Tarion in the new year – in the wake of the Auditor General’s October 2019 report which contained some important criticisms of Tarion.
  • Look for a new DHA logo in 2020!

Stay tuned to Condo Law News to keep up to date on the latest developments in condominium law!