COVID-19: The Impact on the Tarion Claim Process

In response to the COVID-19 crisis and its impact on daily life in Ontario, Tarion has responded by acknowledging the potential impact the crisis may have on the ability of condominiums to complete their performance audits, and by committing to review situations where such delay may occur on a case by case basis. While Tarion is not confirming that deadlines applicable to the filing of any performance audits will necessarily be extended, Tarion is expressing a willingness to work with any condominium that is or may be impacted by the COVID-19 crisis in this respect. [Please see Tarion’s Advisory Notice for more information.] Continue reading “COVID-19: The Impact on the Tarion Claim Process”

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Carbon Tax Will Be Implemented In Ontario On April 1st! But How (If At All) Will Your Condominium Be Impacted?

As part of Canada’s effort to meet the emission reduction goals established at the 2015 Paris Global Climate Conference, a federal carbon tax will take effect on Monday, April 1st, 2019. The tax will take effect in the four Provinces that failed to introduce their own approved carbon pricing systems – Ontario, New Brunswick, Manitoba, and Saskatchewan. Continue reading “Carbon Tax Will Be Implemented In Ontario On April 1st! But How (If At All) Will Your Condominium Be Impacted?”

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Are Condominium Residents Entitled to Privacy on the Common Elements?

The Supreme Court of Canada recently ruled on the circumstances that may give rise to a reasonable expectation of privacy in R v Jarvis. While the case was decided in the criminal context (with respect to the charge of “voyeurism”), it has potential wide-reaching implications on privacy rights in general. Continue reading “Are Condominium Residents Entitled to Privacy on the Common Elements?”

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What Happens If You’ve Delayed In Bringing a Court Claim? Here’s a Case That You Should Know About

Generally speaking, a party that wishes to commence a court action must do so within two years of when he/she first became aware (or ought to have become aware) of the existence of the claim. We call this the “limitation period” and there are a number of factors that go into assessing when the limitation period starts to run. In the case of Presley v Van Dusen, 2019 ONCA 66 [Presley], the Ontario Court of Appeal recently confirmed that in order for the limitation period to begin to run, a key question that must also be asked in the assessment is: Whether or not a legal proceeding is an appropriate means to seek to remedy the injury, loss, or damage?  Continue reading “What Happens If You’ve Delayed In Bringing a Court Claim? Here’s a Case That You Should Know About”

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