Ontario

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Ontario

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

Corporation granted temporary possession of unit in order to remedy unsafe conditions
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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
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Simcoe Condominium Corporation No. 60 v. Skeaff (Ontario Superior Court of Justice)

In appropriate circumstances, a condominium corporation can be awarded punitive damages on a compliance application
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Courthouse Block Inc. v. Middlesex Condominium Corporation No. 173 (Ontario Superior Court of Justice)

Owners’ oppression claim dismissed. Condominium corporation attended to required work in a reasonably prompt and professional way
Jurisdiction:

MTCC No. 856 v. All Unit Owners and Mortgagees of MTCC No. 856 (Ontario Superior Court of Justice

Court agrees to appoint administrator, but prefers to appoint administrator suggested by group of owners rather than re-appointing interim administrator
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York Condominium Corporation No. 42 v . Hashmi (Ontario Superior Court of Justice)

When the powers of the Board have been transferred to an Administrator, there can be no Board elections without Court approval
Jurisdiction:

Pantoliano v. MTCC No. 570 and YCC No. 531 (Human Rights Tribunal of Ontario)

Pool rules contravened Human Rights Code
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Waterloo North Condominium Corporation No. 168 v. Webb (Ontario Superior Court of Justice)

Court orders owner to vacate and sell his unit
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Wellington Standard Condominium Corporation No. 103 v. Wyndham Place Holdings Inc. (Ontario Superior Court of Justice)

Foreclosure is one of the possible avenues of lien enforcement
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Lahrkamp v. Metropolitan Condominium Corporation No. 932 (Toronto Small Claims Court) March 22, 2011

Plaintiff not entitled to see owners’ names and signatures on proxies
Jurisdiction:

Peel Condominium Corporation No. 108 v. Young (Ontario Superior Court of Justice)

Despite corporation’s “selective enforcement”, owner ordered to reverse common element modification