Condo Law Blog

The latest on Condominium Law

A selection of important articles and podcasts from our team

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.”

By James Davidson, | Article
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?

By James Davidson, | Article
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.

By James Davidson, | Article
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.

By James Davidson, | Article

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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.

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