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With the exploding growth of condominiums in Ontario, our Condominium Law Group is a leader in advising condominium corporations, boards of directors, owners and professionals in the condominium industry.  We have an outstanding team of lawyers and professional staff which enables us to provide exceptional service in a cost effective and timely manner.

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Megan Mackey Head Shot

Condo corporations may lawfully ban pets in certain circumstances, says Toronto condominium and commercial litigator Megan Mackey.

Global News recently reported on a campaign by residents of two Toronto condo buildings seeking to overturn their board’s recently introduced ban on pets.

Mackey, a partner with Shibley Righton LLP, says the dispute is a useful reminder to unit owners and renters of the power Ontario’s Condominium Act confers on boards to make their own rules and bylaws.

“The only restriction on the condo corporation when implementing rules is that they must be reasonable,” she tells AdvocateDaily.com. “Rules cannot be implemented to ban pets unless there are reasons to do so, such as safety and security issues.

“As long as it’s within the realm of reasonableness, a court won’t interfere or overturn the rule. It’s not possible to comment on this precise instance without knowing all the facts,” Mackey says.

According to the Global story, the Toronto condo corporation’s ban is complicated by the fact that the property has a series of designated dog areas and a dedicated “dog run.” One resident quoted by the news outlet said she had moved there in 2017 “partially because it’s a pet-friendly community.”

The woman — who also fosters shelter dogs — is spearheading a petition to reverse the ban, which a residents’ association spokesperson blamed on the irresponsible actions of a minority of pet owners in the buildings.

A lawyer for the condo corporation explained to Global that the pet prohibition passed in 2016 following concerns about “the cleanliness of hallways, elevators, the lobby and other common areas.” But its in-force date was postponed more than two years to allow residents to register grandfathered pets already on the property.

Mackey says the condo may wish to explore other options to target troublesome pet owners, noting that building managers in Florida have caused a stir by threatening to identify rogue owners via DNA kits using samples from abandoned dog feces.

“The idea is that you require each dog to be registered with a sample of their DNA, and then you can perform tests to find out which owners are not cleaning up after their pets,” she says. “But from what I’ve heard about the Florida cases, the cleanliness problem went away as soon as the system was implemented.”

Mackey says it would also be relatively simple for the corporation to reverse its decision if a majority of the board agreed, and owners were in favour of the change.

“The rule doesn’t have to be permanent,” she says.

In other cases, Mackey says Canadian courts have upheld bans on pets over a certain weight and limits on the number of pets per unit.

“People love their pets, so my message to someone who is looking at buying a condo is to check whether it is a pet-friendly building, and the likelihood of it remaining that way,” Mackey says, adding that she would encourage prospective purchasers to have a lawyer check the condo’s rules, bylaws and declaration.

“The declaration is much more difficult to change than rules, so if the declaration explicitly permits pets, then the board does not have the same power to change that,” she says.

 

Date_Published
2019-11-12
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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
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Armand Conant Headshot

A growing number of condo corporations are struggling to get reasonable insurance coverage, says Toronto condominium lawyer Armand Conant.

“It’s a mammoth problem,” says Conant, a partner with Shibley Righton LLP. “In light of the number of claims being made by condo corporations, insurers appear to want to get out of the industry.”

Since its inception, Ontario’s Condominium Act has required a condo corporation to “obtain and maintain insurance on its own behalf and on behalf of the owners, for damage to the units and common elements that is caused by major perils” or other circumstances identified in the corporation's declaration and bylaws.

According to the Act, those major perils include fire, lightning, smoke, windstorm, hail, explosion, water escape, strikes, riots or civil commotion, impact by aircraft or vehicles, vandalism, or malicious acts.

Although the legislation makes no mention of the availability of coverage, it does specify that the coverage level must be high enough to meet the replacement cost of damaged property.

“Since the 1960s, condos have been able to obtain insurance. If they’ve had frequent claims, then their premiums and deductibles usually go up,” Conant tells AdvocateDaily.com.

But in the last two years, he says industry watchers have noticed a large spike in premiums and deductibles, leading to the suspicion that insurers are trying to get out of the business.

One of his clients was forced to make three substantial claims following flood damage, two of which the condo board believes resulted from faulty construction by the developer.

While the claims went smoothly, the insurer informed the corporation that it would not renew its coverage when the policy expired.

“They were scrambling around, trying to find insurance,” Conant says, explaining that the board only managed to obtain new coverage in the nick of time through its broker by cobbling together a consortium of insurers prepared to take on the risk of further claims.

“It got down to the last day before the existing policy was to expire, and it was only possible through the work of many people,” he says.

But the board’s relief at getting some coverage in place was tempered by the terms of the deal, which saw their deductible for flood damage jump to $500,000, while the deductible for all other claims rose to $350,000. In addition, the corporation’s annual premium more than tripled from $65,000 to roughly $225,000.

“Outside of a catastrophic event, they’re essentially paying $225,000 for the privilege of not being insured because almost all of the claims will come in under the deductible,” Conant says.

And this client is not alone, he says, adding that he’s heard of one corporation that has a $1-million deductible.

“We’ve seen case after case like this, and we believe it is on the rise. In addition, we are aware of at least three or four condo corporations who cannot get insurance at any price, at any deductible, which means the owners are left with no insurance on their building,” Conant says. “If they can get it, then the owner can’t buy adequate unit insurance to cover the corporation’s large deductible, thus exposing themselves to liability and maybe, in the most extreme cases, even losing their home.

“It’s a hot topic in the industry.”

Conant says stakeholders, such as the Toronto chapter of the Canadian Condominium Institute (CCI), have approached the government to make it aware of the growing crisis, and are also offering assistance in trying to find solutions. He says the CCI is holding a symposium on the issue on Nov. 9 at the Delta Hotel Toronto. For more information, contact info@cci.ca

 

Date_Published
2019-11-07
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Patrick Greco

Harassment is a growing concern for condo corporations, says Toronto condominium lawyer Patrick Greco.

“It’s a huge issue. Cases are coming across my desk on an almost daily basis,” Greco, partner with Shibley Righton LLP, tells AdvocateDaily.com.

While property managers bear the brunt of verbal, emotional, and more rarely, physical abuse from residents, he says security guards, board members, and unit owners have also found themselves the target of various levels of harassment.

“There are examples on a very wide continuum,” Greco says. “But we have found that the courts have a fairly short temper with this sort of behaviour, and are not giving much quarter to the harassers.”

For example, in one recent case, an Ontario Superior Court judge found a resident’s “physical misconduct” and “campaign of aggression” against an Ottawa condo’s staff, directors and unit owners constituted workplace harassment under the Occupational Health and Safety Act (OHSA).

The judge imposed an injunction on the resident, prohibiting him from communicating with almost anyone associated with the condo, except in an emergency or via a lawyer acting for the corporation.

The judge in the case also cited another decision, in which Greco successfully obtained an order on behalf of a Toronto condo corporation, that a unit owner who had been verbally abusive of staff cease and desist from uncivil or illegal conduct in violation of the Condominium Act.

In order to boost their case should legal action become necessary, Greco says condo staff or directors should meticulously document concerning incidents and set clear boundaries for residents whose behaviour risks crossing a line into harassment, such as limiting them to in-writing complaints only.

“Courts have taken the view that complaining is not harassment. People have a right to be disgruntled, within reason,” Greco explains. “What judges don’t want to see is that complainants have just been told to shut up entirely.”

In addition, he says condo corporations should turn their minds towards enacting anti-harassment policies and fully investigate any incidents of alleged harassment that are brought to their attention by staff.

“Most boards are very good and protective of their site staff, but if they fail to investigate or deal with any concerns raised by employees, they could find themselves in trouble under the OHSA for tacitly allowing harassment, especially if there are any further incidents,” Greco says.

 

Date_Published
2019-10-30
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Warren Kleiner Head Shot

Emails between condo board members are not part of the official record, but directors still have to be very careful about what they write in these online messages, says Toronto condominium lawyer Warren Kleiner.

Kleiner, a partner with Shibley Righton LLP, cites a recent Condominium Authority Tribunal (CAT) decision, where a unit owner wanted to see online messages between board members about the approval of a gas contract after the minutes of an official board meeting stated it “has already been approved by the board via email.”

In its defence, the board stated the “mere mention of emails within the minutes does not make these emails a record of the corporation,” tribunal documents state, and an “agreement to agree” in electronic correspondence is not important since formal approval of the gas contract renewal was given at a regular board meeting.

The CAT sided with the board, ruling the “emails, whether they existed or not, are not records that the [unit owner] is entitled to under the Act.”

“This is a very interesting case, as many people might have thought that if you refer to emails between board members in the minutes, a board would be required to produce those messages,” Kleiner says.

He tells AdvocateDaily.com that s. 55 of the Condominium Act states that “The corporation shall keep adequate records, including the following records...” before going on to list 12 examples, such as financial records and a minute book of formal board meetings.

“It’s not meant to be an exhaustive list, but just examples of records that have to be kept by condo boards,” Kleiner says. “There could be other things that are considered records.”

He says the tribunal’s decision makes sense, considering that condo directors often exchange emails before meetings on various subjects, which people would generally not expect to form part of the corporation’s records.

Though these types of emails have now been deemed to not be part of the official record for condo boards by the CAT, Kleiner advises directors to be circumspect about what they write in their private messages.

“There could be circumstances where those informal emails between directors are forwarded to another person,” he says. “Some board members may say things that could be perceived as an insult towards a unit owner, or they may express views they would not want to be made public.”

Once they are circulated, these emails could also be used in various legal proceedings that may arise in the future, Kleiner says.

“It’s very important to understand that once someone pushes the send button, it’s almost impossible to control where that information goes, which is why board members should exercise extreme caution and prudence with what they put in these messages.”

He says another interesting aspect to this decision is that the condo board was ordered to pay the unit owner $200 in costs, even though the owner was unsuccessful in his quest to have the board produce the emails in question.

“There was confusion about what was in the minutes, and the board was a little late in responding to the owner’s concerns in this regard,” Kleiner says. “So even though the tribunal didn’t award a penalty, it ended up awarding costs to the owner.”

 

 

Date_Published
2019-10-28
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Inderpreet Suri

Toronto condominium lawyer Inderpreet Suri has found a perfect match in her chosen sector of law.

Suri, an associate with Shibley Righton LLP's Toronto office, prides herself on her ability to connect with clients, and she tells AdvocateDaily.com that developing those relationships is one of her favourite parts of the job.

“Most of the time with clients, you get one-on-one interaction with a single person, but with condos, you’re dealing with many different individuals. There are board members, property managers, executives at property management companies, and many more,” Suri says. “My style is to always be accessible, and I like to encourage friendly and open communication.

“I’ve always been a big people person, so condo law has really worked out well for me,” she adds.

Suri says she felt destined for a career in the legal profession from an early age, driven in part by encouragement from family, including her newcomer Canadian parents.

“It was always in the cards for me to choose a career that was well respected, and I found I was immediately drawn to the legal environment,” she says. “It’s definitely hard work, but at the end of the day, it’s ultimately about helping people, which is all I really wanted to do.”

Suri kept her practice area options open during her time at Queen’s University law school. She signed up for a broad spectrum of classes, and excelled at most of them, picking up academic awards for the highest standing in both Commercial Law and Insolvency & Restructuring. In addition, Suri found time to work with the faculty’s prison law and family law clinic.

Suri articled with Shibley Righton before her call to the bar in 2018 and has been able to maintain variety in her legal practice, despite working exclusively with the firm’s Condo Law Group.

“Condo law is perfect for juggling various interests because, in addition to litigating disputes in court or tribunals, you’re also dealing with contracts, employment issues and other legal matters,” she says. “The condo law world encompasses all different types of law, so it’s a perfect match for me.”

Although the firm also acts for individual unit owners in matters, most of Suri’s work is done on behalf of condo corporations, assisting boards and management companies on a variety of issues, including advice on governance, bylaw and declaration drafting, and contractual agreements.

“Enforcement is also a big part of my practice — we help boards enforce compliance, whether by letter, negotiation, mediation, arbitration, or eventually, through court if necessary,” she adds.

Outside of the office, Suri enjoys travelling, cooking and watching movies. In addition to offering services in English, she also speaks fluent Hindi, Punjabi and Urdu.

 

Date_Published
2019-10-25
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Megan Mackey Head Shot

Consumers scored a big victory when an Ontario Superior Court judge ordered refunds of huge closing adjustments paid by purchasers of brand new condo units, says Toronto condominium and commercial litigator Megan Mackey, who represented the successful litigants.

Mackey, a partner with Shibley Righton LLP, acted in the case for a group of new condo buyers, each forced to pay between $11,000 and $16,000 for a “parks levy” adjustment on closing .

In his Oct. 10 judgment, Ontario Superior Court Justice Geoffrey Morawetz sided with the purchasers, ordering the condo developer to repay the levy with interest after ruling the clause referring to the adjustment in their agreement of purchase and sale was ambiguous, and therefore unenforceable.

“It was a big win for the little guys,” Mackey tells AdvocateDaily.com. “We’re delighted with the decision, which is a victory for consumers who can easily be taken advantage of in certain circumstances.”

Mackey says closing adjustments are consistently among the most irritating issues for buyers of new condos. While resale purchase agreements tend to match the closing price, barring some small changes to account for prepaid items such as property taxes and maintenance fees, she says newly constructed condos include numerous price adjustments to pay for things like utility connections and other development fees.

“It’s a big problem,” Mackey says. “When you buy a new condo, you look at the plans and agree on a purchase price, but then when it comes time to close, there’s a whole list of additional charges and fees that appear on the statement of adjustments, and people end up paying much more than they anticipated.”

While Tarion, Ontario’s new home warranty provider, has attempted to help purchasers understand adjustments provided for in agreements of purchase and sale, Mackey says buyers often feel pressured to pay for fear of losing deposits or forfeiting appreciation value for a property they may have bought years previously, and are frequently already living in by the time the closing date comes around.

“If you’re a developer with a 100-unit condo, and you charge an extra couple of thousand dollars to every owner, that adds up to a lot of money,” Mackey says. “But for each unit owner, it’s usually not a large enough amount to justify the time or legal fees involved with attempting to get the money back.”

However, she says new buyers have recently been empowered to take collective action in more egregious cases.

In one 2016 matter, Mackey acted for a number of buyers improperly charged thousands of dollars at closing. They each paid roughly $2,500 for the installation of water meters that were never actually installed.

The unit owners launched actions in Small Claims Court, all heard together in a single trial. The judge ultimately ruled in the residents’ favour on that issue.

In her most recent case, Mackey says the unusually large size of the adjustment charged, combined with the number of individuals who joined the action, helped make the lawsuit financially viable.

According to Morawetz’s ruling, the agreements of purchase and sale signed by the owners provided for an adjustment to cover “the amount of any parks levy or other charges pursuant to a section 37 agreement (pursuant to the Planning Act), levied, charged or otherwise imposed” on the condo development.

However, since the developer’s Planning Act requirements were satisfied by a land transfer, rather than a payment, the owners argued no parks levy was actually paid, nullifying the adjustment charge.

Morawetz was not convinced by the developer’s arguments that a levy could include a land transfer, noting that at best, its “position gives rise to an ambiguity” in the agreement of purchase and sale. Since it was a consumer contract, the judge said he was bound to interpret any ambiguity against the drafter — in this case, the developer.

“I am in agreement with the position put forth by the [purchasers]. The [agreements of purchase and sale] do not require the [purchasers] to pay for the notional value of parkland transfers to the city,” Morawetz wrote. “The [developer] is to repay to each of the [purchasers] the amount of the park levy (inclusive of HST) that each of them paid at closing together with interest.”

 


Date_Published
2019-10-23
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John Devellis Headshot

The devil can be in the details when it comes to resolving disputes between condominium neighbours, says Toronto condominium lawyer John De Vellis.

There’s an adage that lists “people, pets and parking” as being the cause of most problems with other residents, and if you want to find a solution, you have to be willing to do a little work, says De Vellis, a partner with Shibley Righton LLP.

He tells AdvocateDaily.com there are rules that govern condominiums to foster a harmonious community. However, that doesn’t mean residents should expect “absolute silence because that’s not how it is in communal living,” De Vellis says.

While he deals with many different issues for clients living in condos, noise complaints are among the most common, he says.

“It's critically important that the complaints be documents with as much detail as possible,” says De Vellis.

“A common answer we get when we respond to the complaint is, ‘It’s only one person, nobody else is complaining.’ Sometimes that’s true, but often there’s a reason for that. It can depend on the configuration of the units, for example. Perhaps nobody else can hear it.”

He says it doesn’t matter if one person complains or five — although the more corroborating evidence, the better.

However, if a resident finds himself alone in the complaint, the best bet to resolve the issue is to document the incidents in detail and find witnesses whenever possible, De Vellis says.

In many cases — except for townhouse complexes — a condominium will have a concierge on duty, which offers an excellent opportunity to put the complaint on record by someone who can corroborate the incident, he says.

De Vellis says it’s important to encourage the concierge to include as much detail in their report as possible.

“It’s sometimes frustrating to read the concierge report because of the lack of specifics,” he says. “They will say they heard a noise, for example, but they don’t say from what distance, or how loud it was. I often advise my clients to get the concierge to write more specific, descriptive reports.”

De Vellis says questions can arise with vague reports.

“If the problem is not resolved, and you have to take some kind of legal action, the report from the concierge and the person complaining are the only records I have,” he says.

If it’s not detailed, those involved may not exactly remember what happened during a hearing that is months — or years — down the line, De Vellis says.

“I’m not talking about writing a novel, just something a little bit more descriptive. A few more sentences go a long way.”

He encourages people to be “really granular” with the details.

“Make it as detailed as possible because the more you have, the more credible it’s going to be,” De Vellis says. “Note the time, the actual words you hear, the programs they’re watching on TV, the music that was playing at the time. That kind of detail is usually very helpful.”

He says you can try recording what you hear, but be aware that the video- and tape-recording capabilities on some smartphones may not be sophisticated enough to pick up everything.

“We try it all the time, and the results are often underwhelming,” De Vellis says, adding that when cases are in dispute, they may have a sound test done, although it can be expensive.

“It’s also a good idea to involve the corporation’s lawyer early in the process,” he says.

“The bottom line is that the condo corporation has an obligation to enforce the rules,” says De Vellis. “But if legal proceedings are necessary, the judges will expect the corporation to present a thorough case that the noise is excessive.”

 


Date_Published
2019-10-22
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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
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Luis Hernandez Head SHotA legal battle between a celebrity and his Manhattan neighbour may be a rather extreme example of a fairly common condominium dispute, says Toronto condominium lawyer Luis Hernandez.

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

Please click here to read the rest of the story.

Date_Published
2019-09-25
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Megan Mackey Head ShotA recent court ruling that saw a condominium owner lose her unit due to the actions of her tenant is good news for condo residents but could have a “chilling effect” on investors, says Toronto condominium and commercial litigator Megan Mackey.

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

Please click here to read the rest of the story.

Date_Published
2019-09-17
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Megan Mackey Head ShotIf you live in a condo and want to build a deck or make other changes to your common areas, work with your board to enter into a mutual agreement that will make it permanent to avoid future cost and conflict, says Toronto condominium lawyer Megan Mackey.

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

Please click here to read the rest of the story.

Date_Published
2019-09-06
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Warren Kleiner Head ShotCondo dwellers who want to show their support of candidates in political elections should do it in a way that doesn’t involve posting signs in windows or common areas of the building, advises Toronto condominium lawyer Warren Kleiner.

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

Please click here to read the rest of the story.

Date_Published
2019-09-04
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Armand Conant HeadshotA recent Ontario Superior Court decision highlights the restricted rights that condominium unit owners have to renovate compared with traditional freehold homeowners, says Toronto condominium lawyer Armand Conant.

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

Please click here to read the rest of the story.

Date_Published
2019-08-28
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Deborah Howden Head ShotThere’s nothing in the Condominium Act that specifically speaks to a ban on pets, but condo corporations can create restrictions and rules to enforce the type of animal and how many an owner or resident can have in a unit, says Toronto condo and human rights lawyer Deborah Howden.

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

Please click here to read the rest of the story.

Date_Published
2019-08-28
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Megan Mackey Head ShotResidents will struggle to challenge condo-imposed bans on balcony barbecuing, says Toronto condominium and commercial litigator Megan Mackey.

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

Please click here to read the rest of the story.

Date_Published
2019-08-20
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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
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Warren Kleiner Head ShotAssigning or “flipping” a condo unit is risky for both parties, so be sure to get legal advice from someone well-versed in this area of law, says Toronto condominium lawyer Warren Kleiner.

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

Please click here to read the rest of the story.

Date_Published
2019-08-09
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Armand Conant HeadshotOwners cannot prevent condominium corporation representatives from entering their units if they are fulfilling the corporation’s duties under the Condominium Act and if reasonable advance notice has been given, says Toronto condominium lawyer Armand Conant.

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

Please click here to read the rest of the story.

Date_Published
2019-08-08
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Luis HernandezToronto condominium lawyer Luis Hernandez isn’t afraid to give his clients the unvarnished truth.

Hernandez, an associate with Shibley Righton LLP’s Toronto office, says his “direct” style can take some getting used to for clients — often condo corporation boards of directors seeking help with corporate governance, compliance matters, contracts, bylaws and rules.

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

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Date_Published
2019-07-26

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