November 10, 2017

Ontario court refuses to amend condominium’s declaration to remove provisions enabling short-term rentals

With the advent of online services such as Airbnb, short-term rentals have been causing increasing anxiety for strata and condominium corporations across the country. This anxiety has spilled over into the courts, particularly in Ontario. Late last year, that province saw an important decision on a condominium corporation’s power to restrict Read more…

June 14, 2017

New coming-into-force dates announced for Ontario condo reforms

A report has surfaced in Ontario that the ministry of government and consumer services has announced new dates on which provisions of the Protecting Condominium Owners Act, 2015 (PDF), are projected to come into force. The Protecting Condominium Owners Act, 2015, is the fruit of a major law-reform initiative in Ontario. It Read more…

February 24, 2017

Strata corporation’s fines against business owner found to be significantly unfair

In Omnicare Pharmacy Ltd v The Owners, Strata Plan LMS 2854, 2017 BCSC 256, a strata corporation and an owner of a nonresidential strata lot grappled with some of the challenges of “[l]iving and operating a business on the Downtown Eastside.” The case involved a longstanding dispute over whether the owner’s Read more…

August 31, 2016

Ontario Court of Appeal: Business judgment rule applies to condo board decisions

In a decision released yesterday, Ontario’s top court has made it clear that decisions taken by a condominium’s board of directors (what in British Columbia is called a strata council) are covered by the business judgment rule. “This rule,” as the court defines it, “recognizes the autonomy and integrity of Read more…

June 2, 2016

Ontario Superior Court considers cost sharing and responsibility for repairs in a mixed-use strata

In Middlesex Condominium Corp No 195 v Sunbelt, 2016 ONSC 1528, the Ontario Superior Court of Justice examined three issues that have raised concerns in British Columbia strata-property law as well. These issues are: (1) allocation of common expenses between commercial and residential strata lots in a mixed-use strata; (2) Read more…