Our readers may have recently seen the media coverage respecting the right of a condominium owner to fly a Canadian flag on the exterior of his unit. While we respect the concerns raised by all sides in that particular situation, the media coverage has raised a good opportunity to examine a condominium’s right to regulate its common elements. Continue reading “Flagging Issues on the Common Elements”
The recent decision of Metropolitan Toronto Condominium Corporation No. 596 v Best View Dining Ltd provides further direction respecting when a condominium can recover legal expenses by way of lien. Continue reading “Costs, Costs, Costs… Another Court Decision Considers Recovery of Legal Costs”
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?”
We recently came across a CBC article involving a building deficiency claim at a Calgary condominium that we found interesting. According to the article, the facts are as follows:
- The condominium corporation, Panorama West, discovered significant building defects.
- To seek recovery of the costs associated with remedying the deficiencies, Panorama West commenced a legal proceeding claiming $6.5 million dollars.
- However, the “well known” developer that marketed the development is not named as a Defendant as it was apparently not directly or legally involved in the construction or development of the condominium.
- Instead, a separate partnership was created for the purpose of completing the construction and development of the condominium.
- Following the condominium’s creation, the development partnership was dissolved, meaning that it is unlikely that there are any assets available for the condominium to collect from, even if it is successful in its claim.
According to Section 115(5) of the Condominium Act, condominium investments must either be:
- issued or guaranteed by the government of Canada, or the government of any province of Canada; or
- issued by an institution located in Ontario insured by the Canada Deposit Insurance Corporation (CDIC) or the Deposit Insurance Corporation of Ontario (DICO).