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June 29, 2010 - By Patricia E. Elia

CONDOCENTRIC: Scaffolding Tragedy - RISK MANAGEMENT: What can we do now?

On December 24th, 2009, four of five construction workers fell 13 storeys to their death, and the fifth was hospitalized with serious head injuries, when the double-section swing-stage they were on collapsed.  Reportedly, few of the men were wearing a safety harness and it appears that none of the men were …

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June 29, 2010 - By Richard A. Elia and Patricia E. Elia

CONDOCENTRIC: He Said, She Said - Let The Children Play

On December 28th, 2009, the owner of a condominium townhouse unit in Ottawa finished construction of a snow fort for his two children, aged 2 and 3 years, on the exclusive use common element area in front of his unit. The snow fort was 3 metres high and was reported …

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June 17, 2010 - By Patricia E. Elia

CONDOCENTRIC: How To Select A Property Manager

Condominium Corporations are uniquely defined entities in the Province of Ontario, specifically their existence is derived from the Condominium Act, 1998.  The management of a condominium corporation’s day-to-day is the joint task of the direction of the Board of Directors comprised primarily of unit owners (i.e. the equivalent of Shareholders) …

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January 28, 2010 - By Patricia E. Elia

CONDOCENTRIC Protecting Your Condominium Community

In this day and age, protection of your condominium community has numerous facets and layers of meaning.  However, here are some practical ways to protect the community. 

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October 9, 2009 - By Richard A. Elia

CONDOCENTRIC: CASE UPDATE - Conflicts between the Corporation and Unit Owners

In my experience, it is usually in the best interest of a condominium corporation to deal with disputes or concerns with unit owners in an efficient and legitimate manner in order that a determinative outcome will result. The self-help remedies available to unit owners under the Condominium Act, 1998 (the …

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October 9, 2009 - By Richard A. Elia

CONDOCENTRIC: PRACTICE TIPS - Owners' Meetings

Annual general meetings are one of the few times each year (often the only time) that the board of directors and unit owners sit down together to discuss the affairs of the condominium corporation. Some condominium corporations do hold information meetings, others may hold special meetings, but these are exceptions, …

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October 9, 2009 - By Richard A. Elia

CONDOCENTRIC: CASELAW UPDATE - Libel and Slander

"A good reputation is closely related to the innate worthiness and dignity of an individual…" Hill v. Church of Scientology of Toronto [1995] S.C.J. No. 64

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October 9, 2009 - By Richard A. Elia

CONDOCENTRIC: Avoiding The Dispute

When the new Condominium Act (the "Act") came into effect, it imposed upon the condominium community an obligation to mediate, and if necessary arbitrate, in those situations where there is a disagreement with regard to a declaration, by-law or rule. The imposition of mandatory mediation has been resisted to a …

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October 9, 2009 - By Richard A. Elia

CONDOCENTRIC: Conflict In Condominiums: Value-Added?

Value in Conflict?! …Conflict is the struggle that results from incompatible or opposing needs, wants or other demands. As we all know, in everyday life conflict arises in a variety of circumstances: from dealing with the driver who cut you off, to deciding with your kids what to have for …

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October 9, 2009 - By Benjamin J. Rutherford

CONDOCENTRIC: CASELAW UPDATE - Common Expense Collection and Insurance Deductible

YORK CONDOMINIUM CORPORATION NO. 482 V. CHRISTIANSEN (2003 – ONTARIO SUPERIOR COURT OF JUSTICE)

Common Expense Collection: Where a single unit owner owned several units, the court held that while a condominium corporation may only register a lien for common expense arrears against the unit(s) that is/are actually in arrears, …

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