HB's Ryan Treleaven in Spring 2011 Issue of Condominium Manager Magazine
Ryan Treleaven, an associate in Heenan Blaikie's Condominium Law Group has written an interesting article in the latest issue of CM (Condominium Manager) Magazine, published by the Association of Condominium Managers of Ontario (ACMO), on a case involving a condominium owner who was forced to sell their home. Ryan provides some thought on how other owners can navigate matters surrounding compliance. Here is a snippet:
In MTCC 747, Justice Code held that if an Application ‘substantially concerns’ alleged breaches of the Act, the requirement to pursue mediation is not triggered. This means that in appropriate circumstances, a Condominium may proceed directly to Court while relying on the provisions of the Act, its Declaration, Bylaws and Rules. In these circumstances, even if the Corporation fails to establish a violation of the Act, the Court may grant a compliance order restraining ongoing violations of the Declaration, Bylaws or Rules.
It is only in rare cases that a condominium should consider proceeding directly to court to obtain a compliance order. The vast majority of compliance matters can be efficiently(and cost effectively) resolved through mediation.
You can read the rest of the article here.