Ontario

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Ontario

Jurisdiction:

Peel Condominium Corporation No. 542 v. Gorgiev (Ontario Superior Court)

Owner ordered to reinstate exclusive-use lawn area. Corporation not obligated, under Human Rights law, to permit extra parking space constructed by owner
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L.I.U.N.A., Local 183 v. York Condominium Corporation No. 365 (Ontario Labour Relations Board)

Union certified for condominium employees
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Metropolitan Toronto Condominium Corporation No. 1272 v. Beach Development (Phase II) Corp. (Ontario Court of Appeal)

Appeal dismissed. Absence of cost-sharing agreement did not constitute oppression
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Carleton Condominium Corporation No. 396 v. Burdet etal (Ontario Superior Court of Justice)

Dispute relating to arrears of common expenses and related lien rights
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Toronto Standard Condominium Corporation No. 1549 v. Chan (Ontario Superior Court)

Owner ordered to reinstate subdivided unit
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Metropolitan Standard Condominium Corporation No. 1352 v. Newport Beach Development Inc. (Ontario Superior Court of Justice)

Condominium corporation could pursue ordinary Court claims (in relation to building deficiencies) despite decisions by Tarion. Condominium corporation could also assert ordinary Court claim against Tarion
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Nipissing Condominium Corporation No. 24 v. Smrke (Ontario Superior Court of Justice)

Corporation granted temporary possession of unit in order to remedy unsafe conditions
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Orr / Rainville v MTCC 1056 and Gowlings (Ontario Superior Court of Justice)

Common element attic improperly converted to living space by original owner. Subsequent owner (purchaser) ordered to reinstate original attic. Purchaser’s lawyer liable for damages flowing from failure to discover illegal conversion of attic. Condominium corporation not liable for failure to disclose in estoppel certificate
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Simcoe Condominium Corporation No. 60 v. Skeaff (Ontario Superior Court of Justice)

In appropriate circumstances, a condominium corporation can be awarded punitive damages on a compliance application
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Courthouse Block Inc. v. Middlesex Condominium Corporation No. 173 (Ontario Superior Court of Justice)

Owners’ oppression claim dismissed. Condominium corporation attended to required work in a reasonably prompt and professional way
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MTCC No. 856 v. All Unit Owners and Mortgagees of MTCC No. 856 (Ontario Superior Court of Justice

Court agrees to appoint administrator, but prefers to appoint administrator suggested by group of owners rather than re-appointing interim administrator
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York Condominium Corporation No. 42 v . Hashmi (Ontario Superior Court of Justice)

When the powers of the Board have been transferred to an Administrator, there can be no Board elections without Court approval