Proving the Source of Smoke
In a recent case, the Condominium Authority Tribunal determined that there was inadequate proof that a particular resident was the source of cigarette smoke (which was the subject of a complaint to the Tribunal).
A selection of important articles and podcasts from our team
In a recent case, the Condominium Authority Tribunal determined that there was inadequate proof that a particular resident was the source of cigarette smoke (which was the subject of a complaint to the Tribunal).
Two recent cases dealt with the question of how condominium corporations share costs to repair and maintain a shared facility, when there is no agreement dealing with the matter.
In a recent case, the Court confirmed the owner’s responsibility to pay the deductible loss under the condominium corporation’s property insurance policy.
In a recent case, the Condominium Authority Tribunal (CAT) held that a resident was permitted to keep her dog as an “emotional support animal” (ESA).
In a recent case, the residents of a unit asserted a right to smoke in the unit based (among other things) upon nicotine addiction. The B.C. Civil Resolution Tribunal rejected the occupants’ arguments.
In a recent case, the Condominium Authority Tribunal (CAT) ordered a condominium resident to take steps to reduce noise caused by the resident’s children. The case shows that other condominium residents are not obligated to tolerate all noise caused by children.
In a recent case, the Ontario Superior Court confirmed the rights of a condominium corporation to gain access to a unit and to the owner’s exclusive-use balcony in order to attend to the corporation’s obligations to maintain other parts of the common elements.
Podcast:
Episode 38 - 2023 Holiday Q&A with DHA
#38
If you missed our Holiday Q&A that was held on December 12, 2023, not to worry, the session recording is now the latest episode of our podcast.
Podcast:
Episode 37 - Halloween Edition - Scariest Condo Cases
#37
If you missed the Halloween edition of our latest Condo Crunch webinar, it is now available as the latest episode of our Condopedia podcast. In this episode, Mitch, Victoria, and Jim discuss some of the “scariest” cases in condominium law!
In previous blogs, we’ve noted that the Condominium Authority Tribunal (CAT) does not have jurisdiction to deal with repair and maintenance issues. However, some repair and maintenance issues may be the result of an “activity” or may result from a breach of the condominium’s governing documents, both of which can fall within the CAT’s jurisdiction. This was explained again in a recent CAT decision.
A recent decision of the Condominium Authority Tribunal (CAT) confirms that complaints – including legitimate complaints about actual violations – must be reasonably expressed.
Recent news reports indicate that Hyundai has issued recall notices (in relation to certain vehicles) due to apparent risks of oil pump failures. The reports also indicate that Hyundai has advised the vehicle owners that they can continue to drive the vehicles, but has recommended that they park the vehicles outdoors and away from structures until the necessary recall remedy is carried out.
What obligations, if any, does this place on condominium corporations?
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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.
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.
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