Picture
Picture
Name and Title
Audrey Loeb
Partner
Partner
Year of Call

1974 (Ontario)

Memberships
  • Member, Canadian Condominium Institute
  • Member, Ontario Bar Association and Co-Chair of the Condominium Committee of the Real Property Subsection (Ontario)
  • Former member of the Board of Directors, Princess Margaret Hospital Foundation and its Audit & Accountability, Governance, and Leadership Committees as well as the founder and Chair of the “Weekend to End Breast Cancer” benefiting the Princess Margaret Hospital Foundation
  • Former member of the Board of Directors, Bridgepoint Hospital
  • Member of the Real Property Committee, Ministry of Government & Business Services
Publications
Description

Audrey Loeb Head Shot

Tarion Warranty Corp.’s recent efforts to provide more consumer information on the risks of pre-construction condominium purchases don’t go far enough, and the new home regulator should take an aggressive role in requiring more standard-form agreements, Toronto condominium lawyer Audrey Loeb tells The Globe and Mail.

As of Jan. 1, 2020, Tarion will require “any vendor selling pre-sale condominiums to include a two-page information sheet about the project that will assist buyers in appreciating the potential pitfalls in signing a contract to buy an unbuilt home from plans,” the Globe reports.

“The form will compel sellers to spell out early-termination conditions, any potential title restrictions on the proposed land, as well as expected completion dates and a disclosure about whether a building has obtained zoning approval,” the article continues.

Loeb, a partner with the Toronto office of Shibley Righton LLP, tells AdvocateDaily.com none of this will mean anything to the average condominium purchaser.

“Tarion created a late closing form to be attached to all agreements of purchase and sale for condominiums — it is 10 pages long. How does that help the consumer?” she says.

“It’s just more stuff for people to read,” Loeb tells the Globe. “The problems of cancellation are important to people, but it’s truly the tip of the iceberg of the issues that affect the buying public when it comes to condos.”

She tells the Globe that many agreements of purchase and sale together with the disclosure packages for condos are already 100-plus pages and are filled with “thickets of legalese that can lock buyers into such things as unspecified extra fees, options to extend the completion date” for years into the future, and contracts, which bind the future condominium corporation to unfair terms, many favouring the developer or associated companies.

The newspaper reports that so far this year, seven projects have been cancelled, representing more than 2,100 units.

“Cancellations are inevitable. … People should just understand the risks and be prepared to deal with that,” Tarion CEO Howard Bogach told the Globe.

“I am disturbed by the rights developers are allowed to retain and which can impact what a purchaser gets,” Loeb says. “I’ve been saying that Tarion has to take a more aggressive role in requiring more standard-form agreements” and the Government of Ontario needs to see the consumers’ side of things.

A report recently tabled by Ontario’s Auditor General Bonnie Lysyk says Tarion has failed thousands of new homebuyers by placing the interests of builders ahead of theirs, the CBC reports.

Lysyk found the agency, which also regulates the industry and is controlled by a board made up largely of developers, has until recently operated with very little oversight and was allowed to write its own rules.

“Lysyk found most of the public complaints about Tarion’s dispute resolution process were justified, and that the Ontario Home Builders Association ‘had disproportionate influence over Tarion’s decisions and operations,’” the article states.

 

Date_Published
2019-11-11
Description

Audrey Loeb Head Shot

Having a code of ethics in place for a condominium’s board of directors assists in holding members accountable if they become disruptive, problematic or violent, says Toronto condominium lawyer Audrey Loeb.

“One of the things that we recommend to our clients is to approve a code of ethics that governs the board members and that board members should be required to sign,” says Loeb, a partner with the Toronto office of Shibley Righton LLP.

“Many of our corporations have it in their bylaws as a qualification for board membership. If there is a problematic board member, and the proper procedures are followed, then the board can decide whether to remove the member.”

Without a bylaw in place, a board member can only be removed by a vote of 51 per cent of all the unit owners, she tells AdvocateDaily.com.

“With a bylaw that disqualifies the person from board membership if he or she fails to comply with a code of ethics — and the board follows the right procedures and gives the offending board member an opportunity to speak to the accusations — then you can remove them without a vote by unit owners,” Loeb says.

If a condominium corporation becomes aware of an incident, she says it has an obligation to deal with it.

“But a condominium corporation is not in a position to prevent something from happening, it’s only in a position to try to ensure that it doesn’t happen twice,” Loeb says, pointing to an Ontario Superior Court of Justice decision involving an assault by a board member.

In that matter, the plaintiff brought a claim against a condo corporation for failing to protect her from an assault by the defendant at a board meeting.

According to court documents, the assault that took place at a 2011 meeting of a condo board, where the plaintiff and defendant began to argue, and he struck her on the head with a chair.

At issue was whether the condo corporation had a duty to prevent an assault by a meeting participant.

“It would be unduly onerous to find that a condominium corporation has a duty to provide security at every Board meeting to prevent a potential assault. Even given the contentious environment at the Board in this case, it would not be reasonable to require the condominium corporation to provide security,” wrote Justice Sandra Nishikawa. “It is reasonable to expect individuals who participate on the boards of condominium corporations to adhere to a standard of conduct that includes, at a minimum, refraining from assaulting another participant.”

Loeb, who was not involved in the matter and comments generally, says the corporation’s role is not an anticipatory one.

“If you’re having meetings and there’s a board member who is threatening others, then you have an obligation to remove that board member,” she says. “But I don’t think you can protect a board member if, out of the blue, someone decides to throw a punch.”

A code of ethics and bylaw that cover that type of behaviour can be used to remove that member, Loeb says.

“For example, we would send a warning letter to the problematic board member. If the behaviour happens again, it’s grounds for removal. Then we would hold a hearing to determine whether the conduct is such that the individual board member should be removed from the board. The person in question will have an opportunity to speak to the accusations as will the other members. Then the board will make a decision as to whether they can be removed,” she says.

Loeb says another option is to give the disruptive board member a warning and state that they cannot attend meetings if they don’t “behave.” If there are continued disruptions, the other board members can remove themselves from the meeting and finish the session elsewhere.

“But it doesn’t foster a good environment,” Loeb says. “I would rather the person know that failure to meet certain criteria can result in the board members deciding that the offending individual should no longer be a member.”

 

Date_Published
2019-10-15
Description

Audrey Loeb Head ShotA condominium management team that objected to a Jewish condo owner attaching a mezuzah to the doorframe of his residence highlights the importance of seeking legal advice before taking action, says Toronto condominium lawyer Audrey Loeb.

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

Date_Published
2019-08-16
Description

Audrey Loeb Head ShotCondominium boards have options to regulate pets, but requiring animal owners to pay an extra fee is not one of them, says Toronto condominium lawyer Audrey Loeb.

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

Please click here to read the rest of the story.

Date_Published
2019-07-12
Description

Audrey Loeb Head ShotToronto condominium lawyer Audrey Loeb says she is encouraged by the initial progress made by the Condominium Authority Tribunal (CAT) but that it has the potential to do much 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
2019-06-28
Description

Audrey Loeb Head ShotWhen dealing with residents who have dementia, mental health or addiction issues that are posing a risk to themselves, the building or neighbouring units, condominium corporations should seek legal advice before taking action, Toronto condominium lawyer Audrey Loeb tells AdvocateDaily.com.

“It’s crucial to find out what you can and cannot do in certain circumstances. We also have resources we can forward to help management deal with these issues in a non-legal way,” says Loeb, partner with the Toronto office of Shibley Righton LLP.

“Managers aren’t hired to act as sociologists or psychologists — they are trained to manage the operations of the building. But when you're dealing with people, there are a number of interesting issues that pop up.”

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

Please click here to read the rest of the story.

Date_Published
2019-04-15
Description

Audrey Loeb Head ShotA developer, who was found by the Ontario Superior Court to be behaving “unreasonably” in rejecting mortgage commitments for purchasers and then relying on that refusal to terminate their contracts and forfeiting their deposits, had no right to terminate the agreements, Toronto condominium lawyer Audrey Loeb tells The Globe and Mail.

The developer was trying to arrange for all the purchasers with whom it had agreements of purchase and sale to take their deposits back and walk away from their condominium purchases. The plaintiffs refused to accept the return of their deposit, maintaining that the developer had no right to cancel the project, the article states.

The Globe reports that the developer had acted in bad faith when it refused to accept the mortgage commitment papers delivered by the purchaser. This decision adds to the new precedents from the Ontario courts that could help tilt the balance of power toward new-home buyers and away from developers.

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

Please click here to read the rest of the story.

Date_Published
2019-03-26
Description

Deborah Howden Head ShotMore than a year into existence, Ontario’s Condominium Act Tribunal (CAT) is working effectively, Toronto employment lawyer Deborah Howden tells Law Times. 

Howden, partner with Shibley Righton LLP's Toronto office, tells the publication that while the tribunal only handles issues of access to records, that is the most common area of dispute between condo corporations and unit owners. 

“What’s distinctive about the CAT is this is a new tribunal in Ontario, and it’s a designated authority, and there’s only a handful of such authorities in the province,” Howden tells Law Times. 

“It’s our first and only online adjudication body.” 

She tells the legal publications that prior to the Ontario Condominium Act being amended, an owner with an issue had to have a reason related to the condo corporation to access to a particular document. 

A reason is no longer necessary for a purchaser, condo owner, or mortgagee of a unit to access that information, provided the record doesn’t relate to an exemption under the Condominium Act, Howden says.

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

Please click here to read the rest of the story.

Date_Published
2019-03-11
Description

Audrey Loeb Head ShotThis is an important decision for Ontario consumers and I am delighted that Shane Dingman showed interest in it as well.

Court rules against de­vel­oper on pre­sale can­cel­la­tion
SHANE DING­MAN THE LIST­ING
The Globe and Mail (Ontario Edition)
Mar 08, 2019

 

Date_Published
2019-03-08
Description

Audrey Loeb Head ShotA recent decision by the Court of Appeal continues a trend in condominium law regarding the obligations of Ontario developers when selling to purchasers.

This article appeared on The Lawyers Daily.



Date_Published
2019-03-05
Description

Audrey Loeb Head ShotThe Ontario government should consider streamlining the Condominium Act, Toronto condominium lawyer Audrey Loeb tells Law Times.

The legal publication reports that expected amendments to the Act have raised questions about when they’ll be enacted and if the Conservatives will revise changes the previous Liberal government had planned.

Any amendments would be in addition to the first phase of changes introduced in November 2017.

Loeb, partner with the Toronto office of Shibley Righton LLP, tells Law Times that the approach to the first and second phases poses a problem because the amendments are overly cumbersome.

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

Please click here to read the rest of the story.

Date_Published
2019-01-29
Description

Audrey Loeb Head ShotChanges to Ontario's Condominium Act allowing electronic voting is not the panacea the government had envisioned, Toronto condominium lawyer Audrey Loeb tells AdvocateDaily.com.

The Act was amended in November 2017, which was the first overhaul of the province’s condo law in more than 16 years. One of the changes allows electronic voting, which “is separate and apart from the proxy vote,” says Loeb, partner with the Toronto office of Shibley Righton LLP.

However, the provision has only led to confusion, she says.

“The more the government has involved itself in trying to correct things in the Condominium Act, the more challenging the whole thing has become for many people. It’s not simple,” Loeb says.

Prior to the amendments, if condo owners were unable to attend a meeting they could assign a proxy to vote on their behalf, she says.

Electronic voting was supposed to make it easier for condo owners to get involved in meetings, but instead, the lines have been blurred, Loeb notes.

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

Please click here to read the rest of the story.

Date_Published
2019-01-21
Description

Audrey Loeb Head ShotA disclosure obligation for candidates of condominium boards in Ontario will help ensure boards consist of members working for the good of all, Toronto condominium lawyer Audrey Loeb tells AdvocateDaily.com.

“Anybody who wants to run for the board already has to disclose if they have any convictions or legal proceedings and other information set out in a bylaw,” says Loeb, a partner with Shibley Righton LLP. “We convinced the government to add a new requirement that board directors also disclose whether they own or occupy a unit in the building.”

She says this mandatory disclosure obligation came because of efforts to expose some individuals trying to gain control of multiple condo boards and through investigative reporting by CBC News journalists.

Loeb says she became aware of people seeking to become board directors at multiple condos in Toronto and Mississauga through a client.

“They heard rumours some individuals were making efforts to get onto their condo corporation board,” she says. “In one of our buildings, we prevented these people from succeeding in doing this.”

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

Please click here to read the rest of the story.

Date_Published
2018-12-19
Description

Audrey Loeb Head ShotThere is no doubt the varied uses of technology are here to stay, but Toronto condominium lawyer Audrey Loeb says the use of drones and artificial intelligence could clash with the privacy rights of condo dwellers.

Loeb, a partner with Shibley Righton LLP, tells AdvocateDaily.com there are many technological changes happening in the condominium corporation industry, like the introduction of artificial intelligence to monitor HVAC systems and the use of airborne drones to police properties for infractions of no smoking policies.

In preparation for the forthcoming changes, she offers this advice — "hold onto your hats."

Loeb foresees that "privacy, or the lack thereof, is going to be a problem."

"I just don't think we have an idea of what's actually going to happen," she says of the construction and surveillance technology under development.

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

Please click here to read the rest of the story.

Date_Published
2018-11-15
Description

Audrey Loeb Head ShotCondominium corporations will only investigate if someone has been smoking or vaping cannabis in their unit when a formal complaint is lodged, Toronto condominium lawyer Audrey Loeb tells CBC.

“Here’s the thing: nobody is going to be going into the units on a daily basis to inspect if anybody’s smoking,” says Loeb, a partner with Shibley Righton LLP.

Even medical users who have a licence for cannabis can expect to face challenges in condos across Toronto, stemming from objections from other residents, she says.

“I think it’s going to be tough to get a doctor to say that the only way you can take cannabis is through smoking, and that’s the only way you’ll get relief (of symptoms),” Loeb says.

One medical cannabis user who was diagnosed with a condition that causes brain seizures received an exemption from his condo corporation and told CBC that using marijuana has helped him reduce the number of seizures by 80 to 90 per cent

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

Please click here to read the rest of the story.

Date_Published
2018-11-08
Description

Audrey Loeb Head ShotWith the clock ticking down to legal weed day, a growing number of condo communities are tackling the thorny question of what to do about marijuana use in individual units. Many have circulated surveys to their residents.

Yet as condo lawyer Audrey Loeb, a partner with Shibley Righton LLP, points out, many others “are doing absolutely nothing” to alter their rules.

To date, most of the public and media attention about this issue has focused on a few high-profile cases, such as a Mississauga woman with a life-threatening allergy to marijuana smoke.

But these sorts of conflicts are exceedingly rare, and tend to be addressed using human rights laws.

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

Please click here to read the complete story.


Date_Published
2018-10-22
Description

Audrey Loeb Head ShotFor all those condominium owners who are hearing about the Toronto apartment dwellers who do not have insurance to pay their expenses to stay elsewhere while their apartment building’s electrical service is being repaired,  do not assume that you are protected by the condominium’s insurance. You are not. 

The same problem would happen for unit owners, who do not have their own insurance to cover this expense. 

The apartment dwellers are bringing a class action against the apartment building owners in an attempt to get compensation. However if this happened in a condominium and the owners decided to sue the condominium, the owners would be suing themselves so any money they recovered would be paid by them to them. 

Insurance for out of building living expenses when caused by an insured risk as well as insurance for items not included in the corporation standard unit listing and for the payment of insurance  deductibles is something no unit owner should be without. The costs of these losses can be very expensive. Unit owner insurance is relatively inexpensive.

Date_Published
2018-09-18
Description

Audrey Loeb Head ShotThe interests of condominium developers continue to supersede those of buyers although legislation offering more consumer protection waits to be proclaimed, Toronto condominium lawyer Audrey Loeb tells Law Times.

Indeed, a decision by the Ontario Court of Appeal overturned a breakthrough 1999 decision for condo owners that "set a minimum standard of disclosure that has governed developer disclosure until recently," she says.

"While we wait, buyers continue to find themselves in condominium communities where the interests of the developers take precedence over those of the purchasers," Loeb says, adding recent amendments to legislation deal with issues in the industry, but they have not been proclaimed.

She says condominium law experts in Ontario have been urging the province to provide a requirement of good faith in developer disclosure obligations.

"The development industry has resisted this," says Loeb, a partner with Shibley Righton LLP. "We do not understand why franchise legislation in Ontario offers much better protection to franchisees than the Condominium Act does to homebuyers. The franchise legislation requires good-faith disclosure on the part of franchisors with significant repercussions for failure to comply."

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

Please click here to read the rest of the story.

Date_Published
2018-09-04
Description

Audrey Loeb Head ShotThe increasing number of units being used as short-term rentals is causing headaches for condominium boards, says Toronto condominium lawyer Audrey Loeb.

And she predicts those headaches will continue until the Ontario government steps in.

"I just think the government should take a more active role in helping the condominium corporations in terms of legislative modifications," says Loeb, a partner with Shibley Righton LLP.

"I think this mess of short-term rentals and allowing units to be used as hotels is really not the original intent and purpose of condominiums," she tells AdvocateDaily.com.

Loeb says the City of Toronto enacted a bylaw earlier this year that would, among other things, only allow licensed short-term rentals on an owner's principal residence, but it is being challenged this month before the Ontario Municipal Board (OMB). "Whether that will result in anything changing I don't know," she says.

The bylaw states a portion of a unit can be rented if the owner lives in it.

Loeb says these short-term rentals are becoming more popular as an alternative to hotels. With "tons" of condominiums owned by investors, "it's a good way to make a lot of money."

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

Please click here to read the rest of the story.

Date_Published
2018-08-15
Title
Description

Audrey Loeb Head ShotIn 1999, Justice Gloria Epstein in Peel Condominium Corporation No. 505 v. Cam Valley Homes Ltd., [1999] O.J. No. 4068 found, in a dispute between a townhouse condominium corporation and its developer that the adequacy of disclosure concerning the potential use of a parcel of adjoining park land, was not adequate and not made in good faith. The developer had disclosed only that the park land might be repurposed; the statement was buried deep in the documents. This decision was heralded as a breakthrough for condominium..

This is an excerpt from an article that appeared in The Lawyers Daily.

Please click here to read the rest of the story.

Date_Published
2018-08-02
Experience
More About
BIO

Shibley Righton's condominium authority Audrey Loeb brings you up to date on all the opportunities and challenges of the Condominium Act, 1998, as well as other complex issues arising in the field with "The Condominium Act: A User's Manual, 5th Edition (Ontario 2018)"

Please click here for more information.

Click here to purchase the book.


Audrey M. Loeb

Audrey Loeb, LSM, B.A., LL.B., LL.M has a focused practice in conveyancing and condominium law. She provides advice to buyers and sellers on conveyancing matters, to developers on condominium development, and to condominium corporations on issues of corporate governance and operations. She has received several professional awards including the Law Society Medal for her significant contributions to the profession and to the community, the Ontario Bar Association’s Real Property Section Award of Excellence, and the Osgoode Hall Law School Alumni Gold Key award. Audrey has been recognized as a leading practitioner in her field by Martindale and Hubble, Lexpert, and Best Lawyers in Canada for several years. She is a member of the Canadian Condominium Institute and has served as a member of a condominium board of directors.

Audrey is the author of the two leading texts on condominium law: The Condominium Act: A User’s Manual, 3rd Edition, Carswell, and Condominium Law and Administration, 2nd Edition, Carswell. She is also the author of the booklet Condominium Ownership: What you need to know.

Audrey is a frequent lecturer for the Toronto Real Estate Board, the Law Society of Upper Canada, and the Ontario Bar Association. She has served as Co-chair of the Ontario Bar Association, Real Property Section Condominium Committee, and has been a member of the Ministry of Consumer and Business Services Real Property Registration Committee, the Ontario New Home Warranty Program Consumer Advisory Committee, the Board of Directors of the Real Estate Council of Ontario and National Board of Directors of the Canadian Condominium Institute. She is a member of the Expert Panel created by the Government of Ontario to review and advise on proposed amendments to the Condominium Act, 1998 and has been an active participant with the government in creating condominium law in Ontario.

In 2016, Audrey travelled to New Zealand to lecture at Auckland University Law School and at a legal Symposium in Christchurch. She was a co-founder of the Condominium Dispute Resolution Centre. She is a Professor Emeritus of Law at Ryerson University, School of Business Management. She has completed the Institute of Corporate Directors and the Joseph L. Rotman School of Management’s Financial Literacy Program for Directors and Executives and the Governance Essentials Program for Directors of Not-For-Profit Organizations.

Audrey is also a former member of the Board of Directors of Bridgepoint Health and of the Princess Margaret Hospital (now known as the Princess Margaret Cancer Foundation), as well as the founder of the “Weekend to End Women’s Cancers” benefitting the Princess Margaret Hospital Foundation.

Contact Information

T: 416.214.5267
F: 416.214.5467
aloeb@shibleyrighton.com

vCard
Education

LL.M., London School of Economics and Political Science

LL.B., Osgoode Hall Law School, York University

B.A., McGill University

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