Megan Mackey
Megan Mackey is an experienced litigation lawyer in condominium and commercial matters. She has been involved in a number of precedent-setting condominium cases and is a leader in condominium litigation matters. Megan focuses on achieving results for her clients and excels at customer service.
Megan provides strategic advice and assistance to clients involved with condominium and commercial disputes. She has advised condominium corporations, unit owners, and developers regarding condominium matters. Megan also acts for insurers, corporate clients, and individuals in both condominium and commercial lawsuits.
Megan provides pragmatic advice and counsel in a number of areas:
Enforcement: helping condominium corporations and unit owners to enforce compliance with requirements of the Condominium Act, declarations, bylaws, and rules as well as obligations under shared facilities and reciprocal agreements
Construction deficiency claims: prosecuting and defending construction deficiency claims, advising clients with respect to conciliation and settlement of claims under Tarion’s New Home Warranty Program, and resolving contract disputes
Insurance issues: defending insured claims and providing coverage advice relating to condominium insurance and other matters
Collection matters: enforcing collection of common expenses and other debts through lien enforcement and claims in the Superior Court of Justice
In her practice, Megan regularly appears in the Superior Court of Justice and before mediators and arbitrators. She has both trial and appellate experience and has appeared at all levels of court, including the Supreme Court of Canada.
Megan writes and speaks on legal developments in the condominium area. She has authored a number of articles for leading condominium publications and has been invited to speak to industry groups such as the Association of Condominium Managers of Ontario, the Canadian Condominium Institute, and the real estate section of the Ontario Bar Association.
Megan is a member of the Canadian Condominium Institute, the Association of Condominium Managers of Ontario, The Advocates’ Society, and the Girl Guides of Canada.
Megan has been involved in a number of leading cases in the condominium area. In Wu v. Peel Condominium Corporation No. 245, Megan obtained judgment for relief from oppression in favour of a unit owner who endured years of elevator noise and vibration. In Metropolitan Toronto Condominium Corporation No. 897 et al. v. Bhanji et al., Megan successfully argued that a resident cannot justify a breach of a corporation’s rules by claiming that rule enforcement amounts to oppression.
- Toronto Standard Condominium Corp. no 2051 v. Clairlea Inc., [2016] ONSC 2948 (CanLII).
- Metropolitan Toronto Condominium Corporation No. 897 v. Bhanji, [2015] ONCA 765 (CanLII).
To read the judgment from the lower court, click here:
Metropolitan Toronto Condominium Corporation No. 897 et al v. Bhanji et al., CV-14-497709 - Madore v. M.T.C.C. No 1228, [2015] ONSC 4750 (CanLII)
- Wu v. Peel Condominium Corporation No. 245, [2015] ONSC 2801 (CanLII)
- Dyke v. Metropolitan Toronto Condominium, [2015] ONSC 2022 (CanLII)
- 1420041 Ontario v. 1 King West, [2015] ONSC 1332 (CanLII)
- 1420041 Ontario v. 1 King West, [2015] ONSC 252 (CanLII)
- Royal Bank of Canada v. Metropolitan Toronto Condominium Corporation No. 1226, [2013] ONSC 239 (CanLII)
- 1420041 Ontario Inc. v. 1 King West Inc., 2012 ONCA 249 (CanLII)
- Metropolitan Toronto Condominium Corporation No. 879 v. Mereshensky, 2012 ONCA 73
- Print N’ Promotion (Canada) Ltd. v. Kovachis, 2011 ONCA 204
- BM (Re), [2010] CanLII 59640 (ONCCB)
- Metropolitan Toronto Condominium Corporation # 1250 v. Mastercraft Group Inc., [2007] CanLII 27027 (ONSC)
- Metropolitan Toronto Condominium Corporation #1250 v. Mastercraft Group Inc., [2007] CanLII 4324 (ONSC)
- C.H. v. Youthdale Treatment Centres (CFSA s.124), [2007] CFSRB 34 (CanLII)
- Pecore v. Pecore, [2007] 1 S.C.R. 795
- Wicks Estate v. Harnett, 2007 CanLII 19622, [2007] O.J. No. 2120
- Attallah v. Bhardwaj, 2006 CanLII 42674, [2006] O.J. No. 5076
- All Saints Greek Orthodox Church v. Canada (Minister of National Revenue), 2006 FC 374, [2006] F.C.J. No. 481
- Toronto Economic Development Corporation v. Ontario (Information and Privacy Commissioner), 2006 CanLII 38877
- Huong v. 797589 Ontario Ltd., [2005] CanLII 23100 (ONSC)
Speaking Engagements
- Speaker, “Changing Demographics in Condos” for the Canadian Condominium Institute – Toronto Chapter, June 1, 2017
- Speaker, “Level 300: Advanced Condo Practices – Case Studies” for the Canadian Condominium Institute – Toronto Chapter, May 30, 2017
- Moderator, “Resolving Challenges within Multi-Generational Condominiums” at the 20th Annual Condominium Conference, Toronto, November 12, 2016
- Speaker, “Legal Panel on Bill 106” at First Service Residential‘s Client Education Event, Toronto, October 18, 2016
- Speaker, “Condominium Claims Issues” for the Canadian Insurance Claims Manager Association, Toronto, September 7, 2016
- Speaker, “Top Ten 2015 Cases” for the Association of Condominium Managers of Ontario’s annual case law update, Toronto, January 22, 2016
- Co-presenter, “Recommendations on revisions to Bill 106 (Protecting Condominium Owners Act)” to the Standing Committee on Finance and Economic Affairs at the public hearings at Queen’s Park, October 22, 2015
- Speaker, “Pets in Condominiums” for the Real Property Law Section, Ontario Bar Association, Toronto, June 17, 2015
- Speaker, “Lessons Learned: Condominium Fraud” at the 18th Annual Condominium Conference, Toronto, November 8, 2014
Publications
- “Decisions from the Courts: Airbnb’s, Allocating Common Expenses, and the Security of Easements Rights“, CondoVoice, Spring 2017
- “Register Your Lien Within Three-Months of a Default or Risk Losing Priority… A Reminder“, MTCondoLaw-Ontario, February 2017
- “Good News from the Ontario Court of Appeal: Condominium Directors, Your Decisions Will Be Respected“, MTCondoLaw—Ontario, October 2016
- “Decisions from the Courts: A Cautionary Tale for Do-it-Yourselfers and Status Certificate Errors – Who’s Responsible?“, CondoVoice, Summer 2016
- “Fighting Back against Excessive Closing Costs,” MTCondoLaw—Ontario, June 2016
- “Dealing with Service Dog ‘Impersonation’“, MTCondoLaw—Ontario, April 2016
- “An Important Lesson about Professionalism”, CM Magazine, winter 2016
- “A Declarant’s Unsold Condominium Units Cannot be Held to Force the Declarant to Comply with its Obligations,” MTCondoLaw—Ontario, December 2015
- “Dangerous Defects and Professional Liability,” CondoBusiness, November 2015
- “The Oppression Remedy,” CondoVoice, Fall 2015
- “Directors–Heed your Duties or Beware!” MTCondoLaw—Ontario, August 2015
- “Consider the Long-Term Costs of Lowering Maintenance Fees,” CondoBusiness, July 2015
- “A Case Study in First Year Budgets: One condominium corporation’s fight to recover its first year budget deficit provides valuable insight,” Condo News of the Golden Horseshoe, Canadian Condominium Institute, Spring, and MTCondoLaw, March 2015
- “Due Diligence for Prospective Condo Investors,” CondoBusiness, October 2014
- “Insurance Deductibles–A Few Things to Consider,” MTCondoLaw—Ontario, August 2014
- “Unlicensed Rooming Houses–What’s a Condo to Do?” Condovoice, Summer 2014
- “Unlicensed Rooming Houses: What’s a Condo To Do?” MTCondoLaw—Ontario, April 2014
- “Terminating Corporations,” CondoBusiness, November 2013
- “Mould: Handle with Care,” MTCondoLaw—Ontario, September 2013
- “Dog Bites,” Let’s Talk Condo—Ontario, Summer 2013
- “Construction Deficiencies: To Release or Not?” Let’s Talk Condo—Ontario, Fall 2012
- “Why the Supreme Court Said No,” Securities Practice Notes, Winter 2012
- “Hoarding – More Than a Nuisance,” Let’s Talk Condo—Ontario, Fall 2010
- Education Committee Member, Canadian Condominium Institute
- Law Society of Ontario
- Law Society of British Columbia
- The Advocates’ Society
- Ontario Bar Association
- Canadian Bar Association
- Association of Condominium Managers of Ontario
- Canadian Condominium Institute