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Megan Mackey Head ShotThe City of Toronto’s move to regulate short-term rentals is good news for condo boards that want to crack down on such use by unit owners, says Toronto condominium and commercial litigator Megan Mackey.

Mackey, a partner with Shibley Righton LLP, says short-term rentals have proved troublesome in a number of condo corporations in the city.

“In downtown buildings, there are situations where there is heavy partying, which causes issues for residents and building managers. There are other problems associated with short-term rentals, too. So I think it’s great the City of Toronto is making changes to limit when dwellings can be rented out on a short-term basis,” she tells AdvocateDaily.com.

“It’s hard to know exactly what will happen if and when the zoning changes take effect, but we think it will certainly have a big impact on condominium boards' efforts to eliminate many of the problems associated with short-term rentals.”  

According to a CBC report, municipal zoning changes will limit rentals in the city to the principal residence of homeowners and tenants.

Anyone who wants to list any other units will need to register with the municipality, pay a permit fee and submit to licensing under regulations that define short-term rentals as those lasting less than 28 days.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-04-23
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Matthew Urback Head ShotThe often-subtle signs of elder abuse make it a tricky problem to diagnose, Toronto litigator Matthew Urback tells AdvocateDaily.com.

Urback, an associate with Shibley Righton LLP, says he expects financial mistreatment of older individuals to peak in the coming years as an increasing proportion of the population falls into the over-65 category and we continue the biggest wealth transfer in history between those in the Baby Boomer generation and their beneficiaries.

“The difficulty with financial elder abuse is that the signs aren't, on their own, demonstrative. Each potential sign is really just a hint and in some of those situations, the conduct could be completely innocent,” he explains. “In other situations, there may be more going on, which makes it very challenging to spot.”   

Still, he urges family members of older individuals to keep their eyes peeled because of the potentially devastating consequences of elder abuse.

“Each case will be unique, but there could be a loss of money and other property, as well as damage to relationships,” Urback says. “It’s important to be aware of some of the red flags. Then if you do see something, it may be appropriate to look a little closer or act from there.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-04-20
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Warren Kleiner

Amendments to the Condominium Act that took effect in November 2017 marked the most significant changes to the condominium industry since its inception, writes Toronto condominium lawyer Warren Kleiner in Condo Voice.

With approximately 10,000 residential condo corporations in Ontario and 800,000 residential units, it was time for some modifications to the 1998 Act, says Kleiner, a partner with Shibley Righton LLP's Toronto office.

While changes to the Act will unroll in stages, the November amendments relate primarily to governance matters, communications with owners, mandatory disclosures and training for directors, meetings and voting, corporation records and the creation of the Condominium Authority of Ontario (CAO), the article says.

The CAO — focused on consumer protection and supporting healthy condo communities across Ontario — will be a source for information, training, dispute resolution, and other services, Kleiner writes.

“The CAO will offer a new, online dispute resolution process, called the Condo Authority Tribunal (CAT), starting Nov. 1, 2017,” he says. “The CAT will have the exclusive jurisdiction to hear and make legally binding and enforceable decisions about condo disputes. Only disputes identified by the government in the regulations can be [filed] with CAT, which at first will be limited to disputes about records of the Corporation.”

Kleiner says with the changes, condo corporations will now have to provide new information certificates to owners — Periodic Information Certificates (PICs), Information Certificate Updates (ICUs) and New Owner Information Certificates (NOICs).

“The PICs will have to be sent twice per fiscal year, within 60 days of the end of the corporation’s first and third fiscal quarters,” he writes. “They will include information about legal actions and judgments, insurance information including the maximum insurance deductibles that can be charged back to owners, information about directors involved in legal action and if they are in arrears 60 days or more, budget information, reserve fund balance, remaining contributions, anticipated expenditures, projected increases, and more.”

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-04-13
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