Condominium Law – Rogers Partners LLP

Noisy Neighbour? You May Not Be Entitled To A Legal Remedy

rpllpadmin — Wed, 17 Aug 2022 17:06:24 +0000

By Athina Ionita Introduction In Kikites v. York Condominium Corporation No. 382, 2022 ONSC 4606, a condominium unit owner (the Applicant) complains of noises coming from the upstairs unit. The Applicant seeks a number of remedies under the Condominium Act, 1998, SO 1998, c. 19, alleging that the condominium corporation was oppressive towards her in […]

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Claim Struck Against Condo Board Members

rpllpadmin — Mon, 22 Feb 2021 03:00:00 +0000

In Matlock v. Ottawa-Carleton Standard Condominium Corporation No. 815 et al, 2021 ONSC 390, the plaintiff commenced an action against a condominium corporation for various alleged deficiencies. He also sued several members of the condominium’s Board of Directors. The board members brought a motion to strike the claim as against them. Justice Beaudoin noted that pleadings against […]

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Court’s Intervention Needed for Excessive Noise in Condo

rpllpadmin — Tue, 21 Jan 2020 03:55:05 +0000

The court’s decision in Metropolitan Toronto Condominium Corporation No. 933 v. Lyn, 2020 ONSC 196, involved two tenants in a high-rise condominium building in downtown Toronto. They are neighbours. After Kalicharan moved into her unit, Rosenstrom began to experience noise issues, such as extremely loud music and loud television shows coming from Kalicharan’s unit, often between […]

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Can Condos Stop Smoking on Balconies?

rpllpadmin — Mon, 09 Dec 2019 13:22:04 +0000

In Wellington Condo. Corp. No. 31 v. Silberberg et al, 2019 ONSC 6594, the Silberbergs smoked on their balcony from time to time. The condominium’s rules permitted smoking on balconies. However, the condominium began to receive complaints about smoking from other people living in the building. Due to the complaints, the applicable rule was changed to prohibit […]

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Condo Owner Loses Unit Due to Unruly Tenant

rpllpadmin — Thu, 05 Sep 2019 10:59:49 +0000

There are risks with renting out condominium units. The case of York Condominium No. 187 v. Sandhu, 2019 ONSC 4779, demonstrates an extreme risk. Sandhu owned a condominium unit. She leased it to a tenant. The tenant was in constant conflict with building management and ultimately sued the condominium corporation (“YCC”) for over $5 million. The claim failed […]

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Mould in Condo Unit: Who’s Responsible?

rpllpadmin — Tue, 09 Jul 2019 12:50:15 +0000

By Brian Sunohara The case of Brasseur v. York Condominium Corporation No. 50, 2019 ONSC 4043, outlines the respective responsibilities of a condominium corporation and a unit owner. Duty to Maintain and Repair Condominium corporations have a duty to maintain and repair the common elements. On the other hand, the declarations of most condominium corporations […]

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