Article Library
Litigation and Mental Health
Litigation can have significant impacts on all parties involved - whether it’s Board Members, property management, unit owners, or even the lawyers. Often times, mental health of those directly involved can become a concern, especially in circumstances when the dispute being litigated is directly related to mental health issue.
When …
Condos are Stuck Between Rock and Hard Place
A recent decision by the Condominium Authority Tribunal highlights the difficult position that condominium corporations in Ontario are being placed in. As this author has pointed out previously (here), the CAT’s default presumption against awarding legal costs to the successful litigant ends up forcing condominium corporations into a catch-22:
If …The Gap in the Fourth Level of Government
To build upon the article presented Antoni Casalinuovo of Elia Associates and Bill Thompson learning from a tragedy: what amendments can be made to the Condominium Act, 1998, to protect the community [link to article here], I wanted to comment on the tragedy in Vaughan and some of the lessons …
Learning from a tragedy - What amendments can be made to the Condominium ACT to protect the community
In the fast-paced world of condominiums where everything moves at the speed of Zoom, it takes something significant to stop the entire industry in its tracks. One such event occurred last December when tragedy struck a Vaughan condominium community when a resident went on a mass shooting spree resulting in …
Condos Should Not Ignore the CAT
The Condominium Authority Tribunal (the “CAT”) recently published a Stage 3 Decision which not only awarded a $3,000 penalty against a condominium corporation, but also ordered the condominium to produce certain records about a unit owner to that unit owner which might otherwise have been precluded from disclosure if the …
CAT Orders Removal of Dog with Big-Cat Name
In a recent Decision, the Condominium Authority Tribunal of Ontario (the “CAT”) ordered the permanent removal of a unit owner’s dog with one of the most famous big-cat names of all: Simba.
Like the well-known Disney character, Simba was the pride and joy of his household. But the Pride Lands …
Enforcement Process Flowchart and Tracker Tool
We all know how busy condo Boards and Managers are these days, so here are a couple of helpful tools that we’ve developed to illustrate the overall enforcement process and to help condominium corporations track their ongoing enforcement matters.
…Condos are Stuck Between the Victim and the Violator Due To Chilling Effect of CAT's No-Costs Presumption
With the January 1st 2022 expansion of the Condominium Authority Tribunal (the “CAT”) into disputes over noise and other nuisances, the CAT has quickly become the default venue for many day-to-day condominium enforcement matters. In addition to the CAT’s jurisdiction over pets, vehicles, parking, and storage disputes, the Tribunal is …
Expiry Date of Temporary Virtual Meeting Provisions
TIME IS UP
On September 30, 2022, the ability to hold unit owner meetings electronically and vote at those meeting electronically will end.
As a result of the pandemic, legislation suspending the operation of 50(2) came into force.:
5 The operation of subsection 50 (2) of the Act is temporarily …
Unrealistic Expectations Get You Nowhere
Unfortunately, there are some litigants that have become all too familiar with the Condominium Authority Tribunal (the “CAT”), but for the wrong reasons.
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