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”
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.
In an earlier blog post this week, we mentioned that the repeal of the Green Energy Act on January 1, 2019, did away with the requirement for condominiums in Ontario to report their energy and water use.
Well…that was wishful thinking on our part unfortunately! Continue reading “Correction: Although the Green Energy Act is Repealed, Condominium Obligations to Report Energy and Water Use Remain”
In two Condominium Authority Tribunal decisions released in November, financial penalties of $500.00 were imposed on the condominium corporations involved for their failure to produce records that the Tribunal felt should have been provided to the owners. Continue reading “The Cost of Failing to Produce Records”
Last week, we wrote a blog post about Senneck v. Carleton Condominium Corporation No. 116: an Ontario Superior Court case that resulted in costly litigation between a difficult unit owner and a condominium corporation.
Following that decision, the Condominium Authority Tribunal has released a decision involving the same parties. Continue reading “Vexatious Litigant Not Precluded From Accessing Condominium Authority Tribunal”