Podcast:
Acting and Reacting Reasonably
#31
March 22, 2023
Episode 31 – Acting and Reacting Reasonably
If you missed our Condo Crunch on November 24, 2022 regarding acting and reacting reasonably, you can now listen to the session on our podcast!
Condo Law Blog
The latest on Condominium Law
A selection of important articles and podcasts from our team
March 15, 2023
The Duty to Reasonably Investigate Complaints
A recent decision of the Condominium Authority Tribunal (CAT) again refers to the responsibility of condominium corporations to reasonably investigate complaints.
March 13, 2023
A Recent Case About Fire Code Compliance
A recent Court case dealt with certain Fire Code violations inside a unit. The case nicely demonstrates the role of the condominium corporation in such cases.
Podcast:
Episode 30 - A Close Look at Enforcement Issues
#30
March 7, 2023
Episode 30 – A Close Look at Enforcement Issues
If you missed our Condo Crunch on February 23rd, 2023 regarding enforcement issues, you can now listen to the recording on our Podcast!
March 6, 2023
It Has Been a Snowy Winter in Ottawa
In Ottawa, it has been a snowy winter so far – and we’ve still got a way to go!
March 1, 2023
An Important CAT Case About Compensation and Costs
A recent decision of the Condominium Authority Tribunal (CAT) sheds important light upon the CAT’s approach to compensation and costs.
February 9, 2023
The Importance of Consultation and Collaboration
Many decided cases have confirmed the principle that adjudicators will generally defer to decisions made by condominium Boards, provided those decisions are made in a fair and reasonable manner. In a recent case, the Condominium Authority Tribunal (CAT) confirmed this principle, but went on to say that fulsome collaboration and fact-finding (by the Board) are important elements of a “fair and reasonable decision.”
February 2, 2023
Is There Still a Purpose for a No Smoking Rule?
Section 117 (2) (b) of the Condominium Act, 1998 (the Act) says that prescribed nuisances, in a condominium, are prohibited. [This is in addition to the prohibition of unreasonable noises set out in Section 117 (2) (a).] The prescribed nuisances are listed in Section 26 of Regulation 48/01. The prescribed nuisances include unreasonable odour and unreasonable smoke. So in summary, the Act prohibits nuisances from unreasonable odour or smoke. That raises the following question: Do “No Smoking” Rules still serve a purpose?
January 24, 2023
CAT Orders Smoker to Pay for Air Purifier Required by Neighbour
In a recent case, the Condominium Authority Tribunal ordered a resident to pay for an air purifier that was purchased by a neighbour as protection from the resident’s smoking.
January 23, 2023
The CAT Deals With Complaints About Noise
In a recent case, the Condominium Authority Tribunal (CAT) dealt with complaints about noise, and tried to find a balance between the condominium corporation’s enforcement obligations and the actions of the complainer.
January 20, 2023
CAT Orders Tenant to Stop Smoking Cannabis
In a recent case, the Condominium Authority Tribunal (CAT) ordered a tenant to stop smoking cannabis in contravention of the condominium corporation’s rules.
January 6, 2023
Condominium Authority Tribunal Holds That Dog Is Not a Service Animal
In a recent case, the Condominium Authority Tribunal (CAT) ordered that a dog be removed because the dog exceeded the weight limit in the condominium corporation’s Rules and also because the dog was a nuisance. In doing so, the CAT also held that the dog owner had not proven a right to keep the dog due to a disability.
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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.
