Forcing a challenging condominium owner to sell their unit is no easy feat – manage your expectations!
Condo living is communal living, which can present challenges when a resident simply cannot conduct themselves in a manner that does not disturb or threaten others. Condo corporations, boards, managers and other residents often find it difficult to deal with […]
New requirements for property managers starting THIS July
The Condominium Management Services Act (“CMSA”) was enacted in 2015. The Condo Management Regulatory Authority of Ontario (“CMRAO”), which derives its authority from the CMSA, is the regulatory body that enforces the mandatory licensing of property managers. The CMRAO sets […]
AODA: Meeting design of public spaces accessibility standards during reconstruction – Part 3
In Part One of this series we looked at how and when the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 (“AODA”) and the design of public spaces requirements provided for by O. Reg. 191/11 Integrated Accessibility […]
AODA: Meeting design of public spaces accessibility standards during reconstruction – Part 2
In Part One of this series we looked at how and when the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 (“AODA”) and the design of public spaces requirements provided for by O. Reg. 191/11 Integrated Accessibility […]
AODA: Meeting design of public spaces accessibility standards during reconstruction – Part 1
While the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 (“AODA” or the “Act”) came into force almost twenty years ago, there has been a phased implementation to accessibility requirements under the Act. There has also been […]
Lease consent considerations from a corporate due diligence perspective
Most commercial leases contain a provision that requires the tenant to obtain the landlord’s consent to any “transfer” of the lease, which usually includes, within its definition, a change of control (both direct and indirect, as well as de facto […]
Condo living: Single-family restrictions, occupancy standards and human rights
Ontario is a hot-spot for immigration. The Greater Toronto Area (“GTA”) has experienced substantial population growth, but the pandemic and other factors have slowed construction. There are more and more people moving to the GTA, but new housing is struggling […]
Some problems fixed: Prohibition on the Purchase of Residential Property by Non-Canadians
Amendments to the regulations relating to Canada’s Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”) have been made which resolve some of the most problematic aspects of this Act with respect to the production of additional […]
Maintaining a legally unenforceable caveat on title to a condominium unit: Should this be permitted?
In the recent Alberta Court of King’s Bench decision The Owners: Condominium Plan No. 9311533 v Shui Ming Tong Foundation, the Applications Judge was asked to determine two questions: Whether a unit owner is entitled, by operation of the Limitations […]
Dealing with redevelopment clauses in commercial leases
The saying “change is the only constant in life” is one that certainly applies these days, in the field of commercial leasing. As a result of this, an increasingly common change in the area of commercial leases is the interpretation […]
The non-Canadian residential property purchase prohibition: 3 primary areas of concern
Many readers are already aware that the Canadian government has banned, as of January 1, 2023, the purchase of residential property in Canada by non-Canadians. The Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”)[1] itself dates […]
So long to adverse possession in Alberta
Under recent legislative changes, the doctrine of adverse possession can no longer be relied upon to acquire a right in or title of real property from a registered owner. The Property Rights Statutes Amendment Act, 2022 (the “Act”)[1] received royal […]
Recordings of Annual General Meetings: Are they a record
We are often asked whether a recording of an Annual General Meeting (“AGM”) constitutes a record of the corporation that must be provided to unit owners, if requested. This question has become more common with the surge in popularity of […]
Tips for a happy condo holiday season
The holiday season provides a unique opportunity for condo corporations to foster a sense of community. From recognizing hard working staff to throwing mixers for residents, there is ample opportunity to build morale and celebrate each other’s differences. Boards seize […]
Community Benefits Charges: Existing Rates and Upcoming Changes in the More Homes Built Faster Act, 2022
Miller Thomson’s article of November 2, 2022 addressed the nature of Community Benefits Charges (“CBCs”) and their relationship with the updated development charges and parkland dedication regimes. This article will discuss the calculation methods adopted by municipalities with CBC by-laws, […]
Municipalities impose community benefits charges
Municipalities impose community benefits charges In the summer and fall of 2022, several Ontario municipalities have passed by-laws imposing Community Benefits Charges (“CBCs”) on new developments to pay for development-related capital costs under section 37 of the Planning Act. More […]
Part 3: Top 6 considerations for new condominiums
With the loosening of COVID-19 restrictions and the doors of immigration re-opening in Canada, there should be no shortage of cranes in the ground over the next few years. Thus, it is important to reflect on the issues that are […]
Part 2: Top 6 considerations for new condominiums
With the loosening of COVID-19 restrictions and immigration doors re-opening, there should be no shortage of cranes in the ground over the next few years. New condominiums have a host of issues to address within the first couple years of […]
Top 8 deadlines for condominium corporations: Part 2
In Part 1 of our series, we highlighted four important deadlines for condominium corporations to be mindful of, whether in its early days or thereafter. The remainder of our top 8 list is set out below: 5. Amending or terminating […]
Top 8 deadlines for condominium corporations: Part 1
Whether it’s early days of a new condominium or thereafter, condominium corporations should be mindful of a number of important deadlines. We’ve listed our top eight deadlines for condominium corporations below: 1. First-year budget deficit Section 75 of the Condominium […]
Bill 96 and its impact on real estate matters in Quebec
On June 1, 2022, An Act respecting French, the official and common language of Québec (commonly referred to as “Bill 96”) was assented to. Below is a brief summary of Bill 96’s impact on Quebec real estate matters. 1. Registration […]
Can condominium developers be liable in tort for construction deficiencies?
On May 25, 2022, the Alberta Court of Appeal released its decision for Condominium Corporation No. 0522151 (Somerset Condominium) v JV Somerset Development Inc., 2022 ABCA 193 (“JV Somerset”). Roberto Noce, Q.C. and Michael Gibson of Miller Thomson LLP acted […]
COVID-19: A relief resource for commercial tenants and landlords across Canada
Miller Thomson LLP recognises this is an unprecedented time and we continue to be committed to the well-being and sustainability of our clients. The government and various other institutions have implemented a number of measures aimed at providing economic relief […]
Top 5 tips to install electric vehicle charging stations on the common elements
The Government of Canada has set targets for cars and passenger trucks to be zero-emissions by 2035. As the days and years pass, the number of electric vehicles on the road and in condominiums substantially increase. In the event a […]
Part 1: Top 6 considerations for new condominiums
With the loosening of COVID-19 restrictions and immigration doors re-opening, there should be no shortage of cranes in the ground over the next few years. New condominiums have a host of issues to address within the first couple years of […]
Records requests and contemplated litigation
The Condominium Authority Tribunal’s (“CAT”) recent decision in Zamfir v. York Condominium Corporation No. 238, 2021 ONCAT 118 (“Zamfir”) brings some much needed clarity on the extent to which a condominium corporation can rely on the exception to produce records […]
Can a court compel a condominium to vote on removing its board of directors?
This question was recently considered in the reported decision, Jasper Developments v. York Condominium No. 82, 2022 ONSC 768. By background, York Condominium Corporation No. 82 (“YCC 82”) had significant financial issues, and approved a special assessment of approximately $35,000 […]
Bill 96 and its impact on immovable property registrations
On May 13, 2021, the Quebec Government tabled An Act respecting French, the official and common language of Québec (“Bill 96”) in Quebec’s National Assembly. The purpose of Bill 96 is to “affirm that the only official language of Québec […]
Looking forward: 5 emerging condo trends for 2022
While the pandemic will undoubtedly continue to play a large part of the year ahead, there are some other emerging trends that will alter the way the condominium industry does business in Ontario in the coming year. Keeping with our […]
How can a condominium corporation address threats, intimidation and abuse of process?
Our office has been successful in the recent case of TSCC 2519 v. Emerald PG Holdings et al, 2021 where the Honourable Justice Vella of the Superior Court of Justice confirmed that when a unit owner (or group of unit […]
Government of British Columbia announces extension to Land Owner Transparency Act filing deadline
On November 2, 2021, the Government of British Columbia (“B.C.”) announced it will be extending the deadline for pre-existing owners to file a transparency report with the Land Owner Transparency Registry (“LOTR”) until November 30, 2022. The Ministry of Finance’s […]
New house on the block(chain)
Introduction Would you trade your home for a work of art? An art critic might consider it. But what if it wasn’t art you were trading your home for, but Bitcoin? Like artwork, Bitcoin’s value is largely dependent on the […]
Condominiums and Ontario’s mandatory vaccination regulations
On September 14, 2021, the Ontario Provincial Government released O. Reg. 645/21: Rules for Areas at Step 3 and at the Roadmap Exit Step (the “Regulations”) pertaining to mandatory vaccinations. Many in the condominium industry are asking whether the Regulations […]
Cross-country COVID-19 check-up
History of Canadian Government COVID-19 Rent Relief On April 24, 2020, the Government of Canada introduced the Canada Emergency Commercial Rent Assistance (CECRA) program. The CECRA program, which was run through the Canada Mortgage and Housing Corporation (CMHC), was set […]
Bringing a compliance application against a unit owner? Why you should think twice
A condominium corporation which intends to bring a compliance application is generally faced with a dilemma. On the one hand, s. 134(1) of Ontario’s Condominium Act, 1998, S.O. 1998, c. 19 (the “Condominium Act”) permits the condominium corporation to proceed via […]
Can board members remove another board member?
“One of our board members has gone rogue – what can we do?” While this is thankfully not a frequent question that we receive, it can be an extremely challenging situation for boards, property management and legal counsel to address. […]
Who is responsible if the garage door damages my Mercedes?
The garage door closes and a resident’s motor vehicle is damaged. Who is responsible for the damage to the motor vehicle? Is it the resident or the condominium corporation? This question arises all too often in a condominium setting. As […]
Condo insurance: three steps to mitigate risk from rising premiums and deductibles
It is safe to say that condo insurance is becoming a sore spot for condo corporations not only in Ontario but across Canada. Condo corporations have seen soaring premiums and deductibles. In some jurisdictions, it has been reported that premiums […]
Can condo corporations charge back for legal fees?
The Condominium Authority Tribunal’s (“CAT” or the “Tribunal”) recent decision in Peel Condominium Corporation No. 96 v. Psofimis (“Psofimis”) should bring relief to condominium corporations across Ontario. In Psofimis, CAT awarded the corporation the legal fees it incurred pursuing enforcement […]
The benefits of special assessment insurance
Condominium unit owners have ownership interests in their units together with an undivided interest in the common elements. These common elements generally include, but are not limited to, the lobbies, hallways, recreational rooms and parking garages of the condominium. In […]
Condo declaration can limit uses of a unit
A condominium’s declaration can include restrictions on the uses that may be made of a unit. In residential developments, this usually takes the form of “single family use” to prevent short-term rentals. Commercial developments often use declarations to prohibit certain […]
Can condo corporations’ charge back costs without a finding of negligence?
In tort law, a finding of liability typically requires a finding of fault. The Divisional Court has recently confirmed that when it comes to a unit owner’s liability under s. 105 of the Condominium Act, no finding of fault is […]
Managing COVID-19 in condos
As the public response to Coronavirus (“COVID-19”) expands, it has become clear that the best course of action to reduce the risk of transmission is to practice social distancing. In addition to impacts on daily life that are quickly becoming […]
Tax compliance issues: what do condominium corporations need to know?
Condominium corporations are incorporated as corporations without share capital, whose members are those individuals that own units in the building. Condominium corporations generally qualify as tax exempt under the Income Tax Act (Canada) (“ITA”), provided they meet the requirements under […]
Back to Basics: How to Enforce Compliance with the Condo Corporation’s Governing Documents?
Section 119 of Ontario’s Condominium Act, 1998 (the “Act”) requires the condo corporation and any director, officer, employee, owner and occupier of a unit to comply with the Act, and the condo corporation’s declaration, by-laws and rules. An owner of […]
Upcoming changes to the sale of pre-construction residential condominium units
The winds of change have been blowing, and not just on construction sites but in the regulation of pre-construction homes as well. After an expansive audit from the Attorney General of Ontario, the Government of Ontario and the Tarion Warranty […]
Mortgagees in possession: Considerations for condominium corporations
Condominium corporations are tasked with the difficult responsibility of managing the property and assets of the corporation on behalf of the various condominium owners and balancing the competing interests and needs of such owners. What happens in the scenario where […]
Can condo corporations enforce Toronto’s mask policy?
To help slow the spread of COVID-19 in condominium and apartment buildings, since August 7, 2020, the City of Toronto’s By-Law 664-2020 (the “Mask By-law”) has made wearing a face covering or mask mandatory in all common areas of multi-unit […]
Back to Basics: What is a Common Element Condominium Corporation?
“Back to Basics” is a new series that will appear regularly and examine common, but rarely considered, issues. The option to create different types of condominium corporations was first introduced by the Condominium Act (the “Act”) in 1998. Once the […]
Looking forward: 5 emerging condo trends for 2021
Good riddance to 2020. It was a challenging year by any stretch, but the industry prevailed with the hard work of many front-line condominium personnel including, but not limited to, cleaners, security staff, superintendents and property managers. While we are […]
When is enough, enough? The adequacy of reserve funds
The Auditor General of Ontario’s recent report, “Value-for-Money Audit: Condominium Oversight in Ontario” (the “AG’s Report”) outlines a number of issues facing condominium corporations and owners. One of these issues is the adequacy of reserve funds, with the AG’s Report […]
Client alert: British Columbia Land Owner Transparency Registry
Effective November 30, 2020, the British Columbia Land Owner Transparency Act (“LOTA”) came into force, bringing into existence the new British Columbia Land Owner Transparency Registry (“LOTR”). This is a publicly searchable registry containing names, citizenship and other information of […]
Why REALTORS® should incorporate a Personal Real Estate Corporation (PREC) by December 31, 2020
REALTORS® now have the ability to utilize a PREC. Learn about the benefits, some questions you should ask yourself together with details and pricing for Miller Thomson’s services to REALTORS® in Setting up a Personal Real Estate Corporation. There are […]
Deal making in the new normal
As Canada steels itself in the face of a second wave of COVID-19 and the economy continues to navigate the related downturn, the commercial real estate industry, like many others, finds itself faced with significant challenges and uncertainty. Indeed the […]
Ontario REALTORS® can now use personal real estate corporations – Miller Thomson assists OREA in crafting regulatory scheme
Introduction On October 1, 2020, Regulation 536/20 under the Trust in Real Estate Services Act, 2020 (the “Regulation”) came into force, providing Ontario brokers and salespersons registered with the Real Estate Commission of Ontario (“Registrants”) the ability to incorporate a […]
New community benefits charge framework in effect
The Province of Ontario has now introduced regulations which flesh out how the Community Benefits Charges regime, initially announced in 2019 by Bill 108, the More Homes, More Choice Act (“Bill 108”) and revised by Bill 197, the COVID-19 Economic […]
Condo amenities reopening
As the Province of Ontario continues to allow for “new” types of activities to resume, many condo Boards are considering what amenities can be reopened and, perhaps more importantly, what procedures and safeguards can be put in place to protect […]
COVID-19 in commercial leasing – the “Phantom Menace”?
As society begins to reopen in the wake of the COVID-19 pandemic, so too must businesses begin to readjust to the harsh realities of fulfilling their contractual obligations. However, the pandemic has given rise to much discussion as to the […]
Assigning Responsibility for Remediating Mould
Repair and maintenance obligations are split between unit owners and the condominium corporation. The Condominium Act requires the corporation to maintain and repair the common elements. In general, unit owners are responsible for repairs to their own units and for […]
Gender Inclusive Facilities
A recent decision of the Ontario Human Rights Tribunal (the “Tribunal”) has provided insight as to who can be held responsible to ensure that common element facilities are inclusive. The applicant, a condominium unit owner, raised the issue of discrimination […]
Hawkins: The oppression remedy, charge backs and condo-wide work
Condominium corporations are uniquely placed to encounter collective action problems. Each condo unit is individually owned, but they share much of the same infrastructure and that infrastructure connects with collectively owned infrastructure. TSCC 1696 encountered one of these situations when […]
The Amlani Decision: Recovering Compliance Costs from Unit Owners
There has been considerable debate in the condo industry since the release of the Superior Court of Justice’s decision in Amlani v. York Condominium Corporation No. 473 (“Amlani”). While some have taken the position that corporations now cannot recover the […]
Should condominium corporations register liens considering the Order in Council?
In today’s climate, news from a week ago is considered prehistoric but we thought it necessary to chime in on an important conversation with month-end around the corner. On March 17, 2020, the Government of Ontario suspended all “limitation periods” […]
Back to Basics: Top ten tips to run a condo board meeting
Board meetings often have much to address within time constraints and all Board members play a key role in maintaining focus on efficiencies and productivity. With this in mind, we have created our top ten tips for running a Board […]
Province of Ontario suspends condo AGM deadlines and permits e-meetings/voting
The news all condo corporations in Ontario have been waiting for is finally here. On April 24, 2020, the Province amended O.Reg 107/20 under the Emergency Management and Civil Protection Act (Ontario) so that it apples to condos. The Order […]
Can condo corporations prohibit short-term rentals during the COVID-19 pandemic?
We are now in a time of social distancing, self-isolation and quarantines. Depending on how the COVID-19 pandemic progresses, there may be further and more stringent measures. Many unit owners in condominium corporations operate those units as short-term rental units […]
Does Ontario’s Condominium Act permit virtual owners’ meetings?
Many condo managers and board members are grappling with the range of issues the COVID-19 pandemic has presented. With Annual General Meeting season coming upon us, many have turned their minds to the obligation to hold the meeting within six […]
How to enforce temporary COVID-19 related prohibitions and other urgent safety matters during the pandemic?
Please note, this article is current as of its date of publication. Events during this COVID-19 pandemic are rapidly developing. To ensure you have the latest information, you should contact the author of this article. During the current COVID-19 pandemic, […]
Are you interested in decreasing the expense side of the balance sheet?: Ontario assessment appeal deadline extended to May 29, 2020
The Ontario deadline to file assessment appeals under the Assessment Act, R.S.O. 1990, c. A.31. has been extended to May 29, 2020. You might be asking: Why should I care? That question is answered below. We all know that property […]
Can condo corporations recover insurance premium increases from unit owners?
Many condo corporations have provisions in their declarations that provide that the corporation can recover an increase in the corporation’s insurance premiums from an owner who, by act or omission, caused that increase (“Premium Increase Provisions”). Practically speaking, the use […]
Restrictive commercial use servitudes in Quebec: The door is shut
While we try to imagine what shopping centres will become after the Covid-19 pandemic ends (whenever that may be), the Quebec Court of Appeal has clearly indicated that attempts to control the commercial uses of same, by way of restrictions […]
Unavoidable Delay – Tarion Statement of Critical Dates and Addendum Q&A COVID-19
With the rapid spread of COVID-19 across Canada and worldwide, governments and businesses are taking steps to contain the virus and flatten the curve of transmission. As a homebuilder, you might be concerned about meeting your obligations to your purchasers […]
COVID-19 and Business Interruption Claims
Coverage under a typical insurance policy for business interruption is initiated by the insured sustaining a loss caused by “direct physical loss or damage to buildings, equipment or stock”. Despite the substantial economic damage that COVID-19 continues to cause, the […]
Condo development and COVID-19: bonding, limitation periods and turnover
UPDATE: Late in the day on April 24, 2020, the Government of Ontario passed an Order amending Ontario Regulation 107/20 to permit condominium corporations to hold meetings and cast votes virtually (by telephonic or electronic means), notwithstanding any current requirements […]
New Airbnb regulations following waterfront condo deaths
The tragic shooting that resulted in three deaths at a Waterfront Toronto Airbnb condo on January 31, 2020 has brought safety concerns associated with Airbnb rentals back into the public spotlight. The response to this issue is developing rapidly, with […]
Collecting Liens through Power of Sale
Under Section 85 of the Condominium Act, 1998, S.O. 1998, c. 19 (the “Condo Act”), a condominium corporation may register a lien against a unit owner in arrears of common expenses. Unless the owner agrees to pay, registering a lien […]
Can You Restrict Rentals: A Case Study
The current consensus of most Canadian jurisdictions is that while condominiums may place restrictions on the rental of units, such as a minimum lease term, any attempt to completely restrict or place caps on the amount of units that can […]
“Material Change” in Condominium Developments: A Recent Court of Appeal Decision
Back in April, we looked at a Court of Appeal decision addressing disclosure to purchasers of proposed units in condominium developments. It was a cautionary tale for the risk associated with inconsistent or confusing disclosure or omitting to disclose where […]
Penalties for Refusing to Provide Records
Condo corporations are required to provide access to, and produce copies of, records prescribed by section 55 of the Condominium Act, 1998 (the “Act”). Previously, the Act imposed a penalty of $500 for the failure to produce records without a […]
Disclosure to Purchasers in Ontario Condominium Developments: A Recent Court of Appeal Decision and Legislative Amendments Already Addressing the Issue
To enable informed decision-making in the condominium market, the Condominium Act, 1998 (Ontario) (the “Condo Act”) imposes upon “Declarants” (the builders of new condominiums who are responsible for registering the declaration and description that will govern the property) the obligation […]
New Real Property Register Requirement
On December 10, 2016 the Forfeited Corporate Property Act, 2015 (“FCPA”) came into force in Ontario. This act makes it easier for the Government of Ontario to use or sell property that has been forfeited to the Ontario Crown upon […]
Overholding
Sometimes, the unexpected can occur. Someone gets sick, a big contract falls through, or renovations of a new space go awry – for whatever reason, a tenant may find itself unable to vacate its premises on the termination date of […]
