by CAI Canada | Jul 7, 2017 | Uncategorized
In a recent decision, the Superior Court of Justice was once again asked to determine whether a condominium owner should be forced to move out and sell her unit as a result of her violent and inappropriate conduct towards other owners. The evidence presented in the...
by CAI Canada | Jul 7, 2017 | Uncategorized
Many older condominium corporations may have a superintendent suite which is part of the common elements and which may not be used for a superintendent. I recently was contacted by a condominium corporation which had been leasing the suite pursuant to a bylaw...
by CAI Canada | Jul 7, 2017 | Uncategorized
In a recent decision of the Ontario Superior Court, an owner who modified an exclusive use common element without authorization was found to have breached the Condominium Act. Furthermore, the Limitations Act – which generally gives an applicant only two years to...
by CAI Canada | Jul 7, 2017 | Uncategorized
The radio stations are playing Christmas music and the stores are decked out for the holidays. Now that the holiday season is upon us, condo owners should be checking their condominium documents before putting holiday decorations on the outside of their units. The...
by CAI Canada | Jul 7, 2017 | Uncategorized
Will fines induce a breaching owner to comply with the condominium documents? Condominium corporations in Ontario are not permitted to fine owners who breach the condominium documents. Fines are, however, permitted in many U.S. states and also in British Columbia. A...
by CAI Canada | Jul 7, 2017 | Uncategorized
A significant difference between condominium litigation and typical commercial litigation is that a condominium corporation has the right under the Condominium Act to recover all of its legal fees in obtaining a compliance order against a unit owner. Typically, in a...
