Ontario court orders internet service provider to disclose identity of author of allegedly defamatory emails

Carleton Condominium Corporation No 282 v Yahoo! Inc, 2017 ONSC 4385, is an interesting case that displays the intersection of condominium law, civil procedure, and the tort of defamation. The case was an application launched as a prelude to a defamation proceeding. The plaintiff was a condominium corporation, which claimed that its board of directors was defamed by email messages “sent to owners and occupants of the Condominium Corporation.” The author of the emails used the Read more

A closer look at the Report on Complex Stratas—should the Strata Property Act continue to require a strata corporation to hold an annual general meeting after the deposit of each phase in a phased strata plan other than the first phase?

This post is the third in a three-part series highlighting key recommendations in the Report on Complex Stratas (PDF). For other entries in the series, click here. The committee’s review of phased strata plans was diverse and wide-ranging. A lot of its time was spent considering how to apply the act’s governance standards to phases deposited after the new phase. A representative example is the requirement to hold an annual general meeting in set time Read more

Ontario Court of Justice Determines that Ontario’s Family Law Legislation Discriminates Against Dependent Adults With Disabilities Whose Parents Were Never Married

On July 7 2017, Justice Sullivan of the Ontario Court of Justice released a decision that pertains to the constitutionality of Ontario’s Family Law Act in relation to child support obligations for parents of dependent adults with disabilities. The Applicant in this matter is a Robyn Coates, mother to Joshua Coates. Joshua turned 18 in 2012, but is unable to live independently from his mother as he was born with a rare genetic composition. The Read more

Scottish Law Commission Publishes Discussion Paper on Remedies for Breach of Contract

The Scottish Law Commission announced earlier this week in a News Release that their Discussion Paper on Remedies for Breach of Contract has now been published. The Discussion Paper is part of a general review of Scots contract law. The News Release suggests that the Discussion Paper considers the tools available to parties when a contract situation goes awry, and how these tools compare to others within the European Union. Further, the Discussion Paper examines Read more

A closer look at the Report on Complex Stratas—should strata corporations be allowed to allocate expenses paid for out of the contingency reserve fund to types?

This post is the second in a three-part series highlighting key recommendations in the Report on Complex Stratas (PDF). For other entries in the series, click here. Currently the Strata Property Act and the Strata Property Regulation only allow strata corporations to designate types of strata lots for the purpose of dealing with cost sharing relating to expenses paid for out of the operating fund. Some commentators have suggested that giving types a broader purpose Read more