Condo Reporter - Timely Commentaries on the Latest Developments in Condominium Law in Ontario

Denise Lash is a featured contributor to the Winter 2013 edition of CondoNews of the Golden Horseshoe. In her article “Board Members: Beware of Requisitions Containing False Information”, Denise reviews a recent case where a condominium board was presented with a requisition littered with false information about the corporation’s financial state of affairs.

Denise discusses the decision in this case and what condominium corporations should do in the event they receive a requisition with false or misleading information.

“Based on this case, if a Board receives a requisition that contains false or misleading information, the Board should consult with legal counsel to determine whether it is required to call the requisitioned meeting”

To read Denise’s full commentary, please click here to contact the Canadian Condominium Institute of the Golden Horseshoe to obtain a copy of the magazine. 

Shawn Pulver is a featured author in the fall 2012 edition of the Canadian Condominium Institute’s the Condo Voice magazine. In his article “Tarion Overhaul of Major Structural Defect Procedures”, Shawn discusses the significant changes made to Tarion’s structural defect claims process. These changes will affect all condominiums where the first arms-length agreement of purchase and sale was signed after July 1, 2012. Under the new regime Tarion has expanded the definition of major structural defects (“MSD”) by referring to three separate tests, and  has clarified the types of deficiencies excluded from MSD coverage.

 “It will be interesting to see how these changes affect condominium corporations, and whether the “three test” definition will give rise to more MSD claims being approved by Tarion.”

 You can read Shawn’s commentary beginning on page 33 of the Condo Voice magazine. For more information on obtaining a copy of the Condo Voice, please contact CCI at the link provided. 

 Click here for the October, 2012 edition of The Condo Report. 

In the latest issue of Condominium Magazine, Denise Lash and Barbara Holmes discuss the importance of condominium corporations periodically reviewing their bylaws.

Bylaws put in place by developers are generally “one size fits all.” As such, they may not satisfactorily deal with the unique issues of concern for a particular condominium.

Depending on the nature of the condominium, such as the age of the building, resident demographics, the dynamics between board members and residents, and the amount of insurance claims the corporation has incurred, a condominium corporation's bylaws need to be tailored to adequately address those issues.

 Click here to read the article.

Heenan Blaikie's Denise Lash and Barbara Holmes have published an article in the latest edition of Travel Law Quarterly entitled "We Have You On Camera," which discusses the case decision, Nader v Carlyle Condominiums. Denise and Barbara focus their article on the Court of Appeal decision that considered whether a condominium association should assume liability for a pool drowning in relation to video surveillance cameras that were installed around the pool. 

Click here to read other articles from the Journal, which is published four times a year and is focused on travel law, cruise law, air law, timeshare, hotel law as well as the regulation and licensing of the travel industry.

In  Legal Eye, Denise Lash's column for Condominia Magazine  she provides a commentary on whether a home inspection in needed for condominium purchasers:

The condominium inspection will involve inspecting the unit and may also reveal the general state of repairs of the building itself.

You can read the rest of the article here. Enjoy!

Upcoming Events

Heenan Blaikie is Building: A Construction Business Seminar – November 24, 2010 – Toronto

In this half day seminar, lawyers from various Heenan Blaikie practice groups will give you the information you need to know on the latest developments affecting your construction properties. You will hear presentations from our Litigation, Condo, Intellectual Property, Business Law and Labour & Employment groups that will help you answer the following questions:

 ► Why should you take your construction contracts seriously?

► What are the latest trends in procurement law?

► Who actually owns your project’s design?

► What should you do in response to a workplace accident?

► What do you need to know about construction liens?

► How can you prepare for (and avoid) construction claims?

RSVP:

Online by November 17, 2010, at events.heenan.ca/2010-11-24.htm

Inquiries:

Michelle Stultz

Phone: 416 643.6831

Date: Wednesday November 24, 2010

Time: 8:15 A.M. - 1:00 P.M.

Location: Heenan Blaikie LLP

Bay Adelaide Centre

333 Bay Street, 29th Floor

Toronto, Ontario M5H 2T4

This seminar is complimentary for friends and clients of the firm, and will be made available by Webex and Teleconference upon request.

Space is limited.

PM Expo - December 1-3, 2010 - Toronto: Geza Banfai, a partner in Heenan Blaikie’s Infrastructure & Construction Litigation practice group and Denise Lash, a partner in Heenan Blaikies Real Estate practice group, will speak at the upcoming PM Expo (The Property Management Exposition and Conference).Geza will speak on the topic of “Construction Law Review: An Update on Contracts, Risk Management, and Code & Regulatory Challenges” and Denise will speak on “Legal Issues for Condominiums: ‘What you don't know can hurt you’”. For more information, please visit pmexpo.com.

HB in the News 

Howard Krupat, a partner in Heenan Blaikie’s Infrastructure & Construction Litigation practice group is quoted in an article entitled "Unanticipated site conditions can lead to delays, legal action", appearing in the November 4, 2010 issue of the Daily Commercial News.

Denise Lash wrote an article entitled “Welcoming input brings welcome results” in the October 2010 issue of Condo Business magazine.