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 […]
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 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 […]
Demetriou v. AIG: The Burden of Proof and the Requirement to Plead Fraud
Mr. Demetriou had a family heirloom ring appraised. It was worth $550,000. He insured the ring against theft with AIG Insurance Company of Canada (“AIG”) in July 2015, and was to pay an annual premium of over $10,000. A few […]
Automatic Vicarious Liability of Owner Only Applies to Accidents on Highways
One of the first lessons that any student of personal injury law learns is that an owner of a motor vehicle is vicariously liable for the negligence of the vehicle’s operator. This vicarious liability is imposed by s. 192(2) of […]
