Part 01 - 01/02/2003

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HOT TOPIC: SHORT-TERM TENANCIES

The current hot topic is the legality of short-term tenancies, better known as “hotel-like uses”. This topic has recently boiled over in Ontario. In recent months, there have been two key court decisions on point. Let me deal first with the most recent decision. Skyline Executive Properties v. MTCC No. 1385 Apartments International Inc. v. MTCC No. 1170
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Giroday v. Strata Plan VIS 3242

“Indoor Management Rule” applied; Lawyers entitled to assume strata corporation had authority to hire them
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Strata Plan VR 1280 Oberto Oberti Architecture

Strata corporation required to provide proof of owners’ consents and special resolution respecting claims on behlaf of owners
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Skyline Executive Properties v. MTCC No. 1385

Short term tenancies prohibited. Administrator appointed
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Hatch v. Quadra Plex Development Corp.

Part 1 published on 01/02/03 Individual strata plan unit owners cannot sue anyone (apart from the Strata Corporation itself) about the common property
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Taychuk v. Strata Plan LMS744

Strata Corporation’s obligation to repair and maintain subject to test of reasonableness
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Ward-Price v. Mariner's Haven Inc.

Unit owner receives certification for class action claiming interest on deposits
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Strata Plan LMS 1400 v. Objekt Properties Corp.

Municipality might be liable for failure to warn of defect
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Ontario New Home Warranty Program v. Singer

Ontario New Home Warranty Program can apply to tax-sheltered investments
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Strata Plan NW3341 v. Delta (Corp).

Landmark decision respecting liability of municipalities for construction defects; and reporting limitation period