Key Cases from 2022

Key Cases from 2022

Frontenac Condominium Corporation No. 6 v. McCauley: The Court granted the condominium corporation’s application against a landlord and tenant, respecting the tenant’s misbehavior. Importantly:  The rights of the condominium corporation were determined to be independent of the rights of the landlord (and the landlord’s application against the tenant at the Landlord and Tenant Board).  [The condominium corporation was represented by Victoria Craine of our office.]

In several cases, the Condominium Authority Tribunal (CAT) ordered residents to stop smoking in contravention of a condominium corporation’s “no smoking” rules.

In several cases, the CAT ordered the removal of dogs which contravened a condominium corporation’s governing documents. In a few cases, the CAT also dealt with alleged service animals.

In several cases, the CAT dealt with applications involving alleged excessive noise.

In numerous cases, the CAT dealt with awards of costs and compensation, including awards against non-compliant owners and tenants.

Potok v. York Region Condominium Corporation No. 865:  The Ontario Human Rights Tribunal held that a dog was not a service animal because the dog did not provide support for a disability-related need.

Teno v. Essex Condominium Corporation No. 28:  The CAT confirmed steps taken by the condominium corporation to resurrect a no-pets provision (which had not been consistently enforced for a period of time). This case provided an excellent example of how to resurrect a “neglected” provision.

Carleton Condominium Corporation No. 132 v. Evans:  The CAT confirmed that the owner’s disruption of snow removal operations constituted a nuisance under the condominium corporation’s governing documents.  [The condominium corporation was represented by David Lu of our office.]

We wish all of our readers a Happy New Year! Rest up and be safe! We’ll be back with our next blog early in 2023!