Week One Question: The Condo Law News: Change is in the Air Contest – 2016 Edition

Take part in the Condo Law News: Change is in the Air Contest – 2016 Edition! Enter to win five (5) tickets to our upcoming 2016 New Act Primer event, hosted by Nelligan O'Brien Payne’s Condo lawyers!*

*For full contest rules, including a description of the prize, please click here.

There will be four blog posts containing quiz questions in February/March. You will receive a ballot each time you answer a question correctly and then submit an eligible entry during the weekly contest period. For example, if you answer four questions correctly and submit eligible entries for each, you will receive four ballots. The winner will be drawn randomly and announced in a blog post on March 21, 2016. For more details on the contest, including how to enter, please click here.

The Official Week One Question is:

What change has Bill 106 made to a condominium corporation’s ability to gain access to a unit in the event of an emergency?

a) A corporation must give at least two hours’ notice before gaining entry to unit.

b) A corporation can only enter the unit without prior notice if there is a provision allowing for such in the declaration or in a by-law of the corporation.

c) A corporation can only enter a unit without prior notice if the emergency is a fire or water incident

d) It is mandatory for a condominium’s bylaws to include a clause granting the corporation access without prior notice in the event of an emergency

The question period is now over, thanks for playing!

Want an extra entry into the contest? Use the hashtag!

Simply tweet or post on Facebook about the contest using the hashtag #condolawnewscontest2016 and each user will gain one extra entry into the contest.

(If your Twitter username or Facebook name does not reflect the email address you are entering the contest with, please email us at nelligannews@nelligan.ca to ensure we award you the extra entry.)

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No Smoking Bylaw Enforced by BC Court

The heated debate continues between the ‘rights’ of people to smoke in their own units versus the ‘rights’ of non-smokers to be free from experiencing second-hand smoke in a condominium. Condominium living and the law continues to swing the pendulum away from smoking being a personal choice in condominium homes, towards a community-driven desire to limit the effects of smoking on its residents and property.

In The Owners, Strata Plan NW 1815 v. Aradi, the Strata corporation passed a no smoking bylaw in 2009 and revised it in 2014. This bylaw prohibited smoking in many locations on the property, including inside suites and on patios and balconies.

The owner in question, a senior veteran who claimed to be a lifelong smoker, purchased his unit in 2002 before there was a smoking ban. In December 2013, the Strata corporation began to enforce the no smoking bylaw against the owner, by sending letters and levying fines, following complaints that his smoking was negatively affecting other residents. The owner did not challenge the validity of the bylaw in this case; rather, only its application to him.

The owner disputed the matter in writing to the Strata corporation on a few occasions, including taking the position that the bylaw was discriminatory, that the Board was trying to get him to move out, and that it did not apply to him because there was no prohibition against smoking when he moved to the complex. He didn’t deny smoking in the unit, although he disputed some of the complaints attributed to him. The owner also commenced a human rights complaint against the Strata corporation for discrimination on the basis of his addiction and mobility limitations. He asked the Court to defer a decision on this matter until after his human rights complaint was decided.

In the Court proceeding, the Strata corporation took various positions, including that second-hand smoke was a health risk to residents, that there was a fire risk associated with smoking in units, and that the smell of cigarettes would negatively affect use and enjoyment of the strata lots. The owner took the position that he smoked from time to time in his unit, with the windows closed to prevent the smell of smoke from bothering his neighbors, and that he was unable to go outside to smoke due to mobility issues. The Court reviewed the evidence of both sides to determine whether the owner had breached the no smoking bylaw and, if so, whether the Court should exercise its discretion and grant a cease and desist order against the owner.

The Court determined that the owner had repeatedly breached the no smoking bylaw. Then, in deciding whether to exercise the discretion afforded to it under s. 173 of the Strata Property Act and grant a cease and desist order, the Court commented that the exercise of its authority to do such should be guided by considering the objectives and scheme of the legislation, and the circumstances giving rise to the application. Specifically, that “the interests of the Strata corporation must be balanced against the interests of the owner or other person against who the order is sought”.

The Court did grant the cease and desist order and declared that the owner was in breach of the no smoking bylaw. In doing so it found that the Strata corporation:

  • Acted in good faith in seeking to enforce the bylaw; and
  • Had an interest in enforcing its bylaw and had only limited discretion to not require strict enforcement

The Court was also unwilling to wait for the owner’s human rights complaint to be decided. It did not have any report in respect of the owner’s addiction to cigarettes, and declining to make the order would have the effect of allowing the owner to continue to smoke in contravention of the bylaw, for an extended period of time.

To read about another case of smoking in a condominium unit, check out our previous blog post.

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CCI Eastern Ontario Chapter’s ‘The ABCs of Tarion’ seminar!

This not-to-be-missed seminar is taking place on February 24th at the Hellenic Community Centre! Hosted by the CCI Eastern Ontario Chapter, this seminar will break down the mechanics of the claim process, and will assist you to better understand the warranties available under the Ontario New Home Warranties Plan Act, the Tarion claim process, and your role in that process. Our very own Christy Allen will also be a guest speaker at this event.

Space is limited and reservations are a must!

  • February 24, 2016
  • Hellenic Community Centre (1315 Prince of Wales Drive)
  • 6:30 PM – 9:00 PM
  • FREE for CCI Eastern Ontario Members
    • $50 + HST for non-members

To view the event agenda or to register for this event, click here.

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Condo Law News: Change is in the Air Contest – 2016 Edition

Take part in the Condo Law News: Change is in the Air Contest – 2016 Edition! A contest made for Ontario’s condominium communities to celebrate the spring season!

Enter to win five (5) tickets to our upcoming 2016 New Act Primer event, hosted by Nelligan O'Brien Payne’s Condo lawyers!*

*For full contest rules, including a description of the prize, please click here.

The contest will run for four weeks in February/March, on Condo Law News, a blog published by the Nelligan O’Brien Payne LLP Condominium Law Group.

A quiz question will be included in our weekly blog posts from February 23, 2016 to March 17, 2016, which will be based on the changes to the new Condominium Act. You will have approximately one week from the date of posting of the quiz question to submit your answer through our online form. Each correct answer submitted before the deadline gives you one entry in a draw. The winner will be chosen at random from the entries submitted over the four weeks, and will be required to answer a skill testing question.

Want an extra entry into the contest? Use the hashtag!

Simply tweet or post on Facebook about the contest using the hashtag #condolawnewscontest2016 and each user will gain one extra entry into the contest.

(If your Twitter username or Facebook name does not reflect the email address you are entering the contest with, please email us at nelligannews@nelligan.ca to ensure we award you the extra entry.)

The winner will be announced in our March 21st, 2016 blog post.

Week One Question: Question period is now over! Thanks for playing!

Week Two Question: Question period is now over! Thanks for playing!

Week Three Question: Question period is now over! Thanks for playing!

Week Four Question: Question period is now over! Thanks for playing!

Please share this message with your condominium boards, managers and residents! The more entries received, the better chance you have of winning!

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Change is in the Air Contest – 2016 Edition Official Rules

Condo Law News: Change is in the Air Contest – 2016 Edition


GENERAL CONTEST RULES: By entering the Contest, Entrants agree to abide by these Official Contest Rules (the “Official Rules”) and the decisions of the Sponsor, which are final. The failure of the Sponsor to enforce any term of these Official Rules will not constitute a waiver of that provision.

The Sponsor reserves the right, in its sole discretion, to terminate the Contest, in whole or in part, or modify, amend or suspend the Contest and/or the Official Rules in any way at any time for any reason, without prior notice or compensation. In the event of cancellation, Sponsor may elect to identify Winner and award the Prize by way of a random draw from among all eligible Entries received up to the time of such cancellation.

CONTEST PERIOD: The Condo Law News: Change is in the Air Contest – 2016 Edition (the “Contest”) starts on Tuesday, February 16, 2016, and ends at 11:59 p.m. Eastern Time (“ET”) on Sunday, March 20, ;2016 (“Contest End Date”). The Sponsor of the Contest is Nelligan O’Brien Payne LLP (the “Sponsor”).

ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE CHANCES OF WINNING. The Contest is only open to legal residents of Ontario who are of legal age of majority and at least nineteen (19) years of age at the time of entry. Employees, officers, and directors (including Immediate Family members and members of the same household, whether or not related) of the Sponsor or its affiliated entities are not eligible to participate or win a prize. "Immediate Family" means spouses, parents, siblings and children and their respective spouses, regardless of where they reside.

HOW TO ENTER: Visit this page, click on the Contest Banner on www.condolawnews.ca, and/or enter the information requested in the fields located under the Official Weekly Question at the bottom of each Condo Law News post during each of the four (4) Weekly Contest Periods outlined in the Schedule below to access the online entry form for the Contest (the "Online Entry Form"). Online entry only. For one extra ballot into the contest, Entrant can, using their own Twitter or Facebook accounts, use the hashtag #condolawnewscontest2016 in a Tweet or Facebook post. Only one extra entry via this method will be accepted. No other method of entry will be accepted. Free access to the Internet is available at most public libraries.

Entrant” means the person who is the “Authorized Account Holder” of the email address submitted at the time of entry. All online Entries must include a valid e-mail address for the Entrant. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. In the event of a dispute, Entries will be deemed to be submitted by the Authorized Account Holder of the email address submitted at the time of entry. No correspondence will be entered into with Entrants except with a Potential Winner.

By fully completing all non-optional information and successfully submitting the Online Entry Form as directed during a Weekly Entry Period and answering the Official Weekly Question correctly, Entrant will receive one entry (an “Entry”) the Contest for the Draw Period. Entrants to the Contest may be given the option to subscribe to the Sponsor’s publications, however, eligibility to participate in the Contest is not dependent upon entrant's consent to subscribe, and subscription will not impact Entrant’s chances of winning. Incomplete entries will be deemed void.

Limit of one (1) entry per Entrant/e-mail address per Weekly Contest Period. Entrants may not submit entries from more than one email address. The contest periods are outlined in the chart below (each a "Contest Period").

Weekly Contest Period Schedule*:

Weekly Contest Period Start

Weekly Contest Period Deadline

2:30:00 p.m. ET on February 25, 2016

11:59:00 p.m. ET on March 2, 2016

2:30:00 p.m. ET on March 3, 2016

11:59:00 p.m. ET on March 9, 2016

2:30:00 p.m. ET on March 10, 2016

11:59:00 p.m. ET on March 16, 2016

2:30:00 p.m. ET on March 17, 2016

11:59:00 p.m. ET on March 20, 2016

* The Sponsor’s computer system will be the official clock of the Contest.

RANDOM DRAW: A random draw (the “Draw”) for the Prize by the Sponsor will be held on or about March 20, 2016 (the “Draw Date”) in Ottawa, Ontario from all Eligible Entries, and one Entrant (the “Potential Winner”) will be selected. Odds of winning the Prize depend on the number of eligible Entries received by the Sponsor.

DECLARING A WINNER: To be declared the Winner (the “Winner”) and claim the Prize, a Potential Winner must (i) be eligible according to these Official Rules, (ii) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time limited mathematical skill testing question which will be administered by telephone at a mutually agreeable time, and (iii) sign a duly completed Liability and Publicity Release Form (the “Release Form”) and return same to the Sponsor by the date specified on the form.

Attempts will be made to contact a Potential Winner by email and/or by telephone at the e-mail address or telephone number provided on the Online Entry Form at the time of entry, between 9:00 a.m. and 9:00 p.m. ET for a period of three (3) business days following the Draw Date. If a Potential Winner cannot be reached within the allotted time, incorrectly answers the skill testing question, as determined by the Sponsor in its sole discretion, or declines the prize, they will be disqualified, the prize will be forfeited and, at Sponsor's discretion and time permitting, an alternate potential winner may be selected at random from among remaining eligible entries. The Winner’s name will be announced in a Condo Law News blog post on March 21, 2016.

Prize will be awarded only upon verification and final approval by the Sponsor. Prize must be picked up at the Sponsor’s Ottawa office, located at 50 O'Connor Street, Suite 1500, Ottawa, Ontario, K1P 6L2, at a date and time as agreed to by the Sponsor and the Winner. In order to receive the Prize, each winner must have two pieces of government-issued identification (including one photo ID). Prize must be picked within four (4) weeks of being confirmed as a winner.

DISQUALIFICATION: A Potential Winner will be disqualified if (i) they are ineligible for the Contest according to these Official Rules, (ii) they submit entries from more than one email address (iii) provide an incorrect answer to the skill-testing mathematical question (iv) fail to fully complete, sign and return any required documents to the Sponsor by the date specified on the document, and/or (v) is found tampering with or abusing any aspect of this Contest. A disqualification will result in Prize being forfeited and, at Sponsor's sole discretion, and time permitting, an alternate Potential Winner will be randomly drawn by the Sponsor from among all remaining eligible entries.

Persons found tampering with or abusing any aspect of this Contest or attempting to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or Sponsor's representatives or who are in violation of these Official Rules, as solely determined by Sponsor will be disqualified and all associated Entries will be void. Any attempt to deliberately damage the content or operation of this Contest is unlawful and subject to legal action by the Sponsor, and/or its respective agents.

PRIZE: There will be one (1) prize available to be the won (the "Prize"), consisting of: (a) waived registration fees for up to five (5) individuals to attend the upcoming 2016 New Act primer event hosted by Nelligan O’Brien Payne, and (b) a merchandise prize package from the Sponsor. Prize has an estimated retail value ("ERV") of $250.00 CAD. All Prize details, including exact nature of merchandise prize package will be determined in the sole discretion of Sponsor. Prize must be accepted as awarded and no substitution, transfer, conversion or assignment of Prize will be allowed. The Sponsor reserves the right to substitute a prize of comparable or greater value at its sole and discretion.

Any and all additional costs and expenses associated with Prize acceptance and use not specified herein as being provided that are incurred by the Winner in claiming, accepting and/or using their prize are the sole responsibility of the Winner. The Winner is fully responsible for any and all applicable federal, provincial, and municipal taxes (including income and withholding taxes).

PUBLICITY RELEASE: By participating in the Contest and submitting an entry, the Winner authorizes the Sponsor and each of its designees to use in any related publicity, the Winner's name, photograph, image, any statements they may make regarding the prize, city and province of residence, likeness and/or voice for advertising and promotional purposes worldwide in perpetuity and in any form of media now or hereafter devised worldwide (including the Internet), without limitation and without additional compensation or consideration, notification or permission, unless prohibited by law.

WAIVER OF LIABILITY: By participating in the Contest and submitting an entry, each Entrant agrees to waive any and all claims against the to release the Sponsor and its affiliated entities, and all of their respective officers, directors, employees and agents (the “Released Parties”) from liability for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Contest or from the receipt, possession, use and/or misuse of any prize or any travel or activity that is related to the receipt or use of the Prize. In no event will Released Parties be liable for any special, incidental, consequential, indirect or punitive damages arising out of or in connection with this Contest and/or the Prizes, however arising, including negligence.

Released Parties (i) make no warranty, guaranty or representation of any kind concerning any prize, and (ii) disclaim any implied warranty. Released Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other error of any kind whether human, mechanical or electronic. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest.

PRIVACY: By entering this Contest, Entrant consents to the collection, use and sharing of information about Entrant by the Sponsor for the sole purpose of administering this Contest. All information submitted by entrants is subject to, and will be treated in a manner consistent with the Sponsor’s Privacy Notice accessible at: www.nelligan.ca/e/privacynotice.cfm.

APPLICABLE LAWS: This Contest is subject to all applicable federal, provincial and municipal laws. Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the Entrant and the Sponsor in connection with the Contest will be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction's laws. Any litigation must be commenced in the City of Ottawa, Ontario.

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