Limitation Limbo: All Condominium Corporations Should Be Mindful of the Upcoming Ultimate Limitation Period!

To bring any type of legal action in Ontario, including claims made by condominium corporations, there are generally two relevant dates litigants should be aware of:

• the basic limitation period – two years from the date that you knew, or ought to have known, about the claim; and

• the ultimate limitation period – 15 years from the date on which the act or omission took place, regardless of whether the elements of the claim become known, or are discoverable, during that 15 year period.

Continue reading “Limitation Limbo: All Condominium Corporations Should Be Mindful of the Upcoming Ultimate Limitation Period!”

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Coming to a Compromise: Condominiums, Cannabis, and Human Rights

As many of our readers already know, there is no battle between condominium law and human rights law. Provincial human rights codes take priority (almost) every time. This means that, subject only to undue hardship, condominium corporations must make a timely effort to accommodate those residents who require an accommodation for human rights reasons. Continue reading “Coming to a Compromise: Condominiums, Cannabis, and Human Rights”

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Another Court-Ordered Condo Unit Sale

In the case of Peel Standard Condominium Corporation No. 984 v 8645361 Canada Ltd.,  the unit in question was owned by a corporation (i.e. the numbered company: 8645361 Canada Ltd.) and the condominium happened to be a commercial condominium. There had been three previous Court orders against the unit owner due to improper treatment, by the President of the numbered company, towards the employees, managers, agents, and Directors of the commercial condominium corporation. Continue reading “Another Court-Ordered Condo Unit Sale”

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Who Should Pay the Costs Incurred by the Corporation in an Application for Compliance?

One of our clients recently had issues with an owner that made an addition to the common elements without authorization from the Condominium Corporation.  In this case, the owner installed an air conditioner on the common elements.  The air conditioner was not installed in an approved location.  As a result, the Corporation tried numerous times to have the owner relocate the air conditioner without success.

Continue reading “Who Should Pay the Costs Incurred by the Corporation in an Application for Compliance?”

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Claim by Landlord Against Tenant For Unauthorized Airbnb

In the recent case Re Jovasevic, the landlord had rented a condominium unit to a tenant under a long-term lease. The tenant proceeded to list the unit “on the Airbnb website as a home share available for short term rentals” without the landlord’s knowledge or consent. The unit was then rented out to many sub-tenants, on a short-term basis, over many months. Continue reading “Claim by Landlord Against Tenant For Unauthorized Airbnb”

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