Ontario

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Ontario

Jurisdiction:

Ahmad v. 1288124 Ontario Inc. (Ontario Superior Court) January 9, 2012 and March 19, 2012 (Costs endorsement)

Developer failed to comply with turnover obligations
Jurisdiction:

Durham Condominium Corp. No. 187 v. Morton (Ontario Superior Court)

Court orders removal of dogs. Selective enforcement was justified
Jurisdiction:

Caras & Callini Group Ltd. v. Peel Standard Condominium Corporation No. 837 (Ontario Superior Court)

Court grants owner’s application to amend Declaration
Jurisdiction:

Channa v. Carleton Condominium Corporation No. 429 (Ontario Superior Court)

Court deals with condominium corporation’s collection rights. Owner also ordered to enter into agreement respecting unauthorized modification to common elements
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
Jurisdiction:

L.I.U.N.A., Local 183 v. York Condominium Corporation No. 365 (Ontario Labour Relations Board)

Union certified for condominium employees
Jurisdiction:

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
Jurisdiction:

Carleton Condominium Corporation No. 396 v. Burdet etal (Ontario Superior Court of Justice)

Dispute relating to arrears of common expenses and related lien rights
Jurisdiction:

Toronto Standard Condominium Corporation No. 1549 v. Chan (Ontario Superior Court)

Owner ordered to reinstate subdivided unit
Jurisdiction:

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
Jurisdiction:

Nipissing Condominium Corporation No. 24 v. Smrke (Ontario Superior Court of Justice)

Corporation granted temporary possession of unit in order to remedy unsafe conditions
Jurisdiction:

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