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Specific Legal
Issues
Section 98 - Consequences of Failing to Comply (Winter 2008)
by Avril Lavallee and Michael Clifton
Crimes in Condos (Summer 2008)
by Park Thompson
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Hiring Practices and Human Rights: Don’t Get Too Personal (Summer 2008)
by Rhonda Shirreff
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Enforcing Your Lien in a Recession (Summer 2008)
by Lou Natale
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The Description: Lost in the Shuffle?
by Robert M. Mullin
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Amalgamation
by J. Robert Gardiner
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Requisition Meeting
by JohnWarren, CA
Providing owners with information early could defust a Requisition Meeting.
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Revisiting the “Open Book”
by Michael H. Clifton, M.A., LL.B.
Every right of any kind can only be exercised within bounds.
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Condominium Records: Still an “Open Book”?
by Robert Mullin
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Odyssey of a Lawyer being Appointed Administrator – Part One
by Armand Conant
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Standard Unit By-law - How Does This By-Law Work?
by Marco Graziani and Mario Deo
Without clarification of this bylaw, disputes may arise between a corporation and unit owner after damage occurs in a unit.
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What Happens if Boards Don’t Abide by the Condo Act?
by Donald Graves
The Condo Act requires board members to act in good faith and due diligence i.e. a fair, impartial and consistent application of the condo rule.
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Social Host Liability
by Denish Lash, ACCI, FCCI
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Caught in the Act? - An Important Update on the Private Security and Investigative Services Act, 2005
by David Crudele, B.A., LL.B.
Corporations employing security guards, concierges, superintendents or other security-like personnel should become familiar with new Legislative Act.
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Dealing with Marijuana Grow Operations
by David E. Thiel
Steps to be considered both to protect the building and health of the residents as well as
attempting to maximize recovery of costs and expenses.
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Beware of New Asbestos Regulation
by Gina Cody, P.Eng., M.Eng., Ph.D., ACCI, FCCI
There is no denying that asbestos is toxic, so it's imperative to comply with Ontario's new regulations.
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Proposed Condominium Information Network
by J. Robert Gardiner, B.A., LL.B., ACCI, FCCI
Some information on the possible establishments of a Condominium
Information Network ("CIN")
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Proposed Condominium Information Network
by J. Robert Gardiner, B.A., LL.B., ACCI, FCCI
Some information on the possible establishments of a Condominium
Information Network ("CIN")
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Legislative Update
by J. Robert Gardiner, B.A., LL.B., ACCI, FCCI
Several provincial statutes affecting condominiums are
currently in the works, or have recently been enacted.
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More Confusion Regarding Pets
by Greg Marley
The author argues that this particular case fails to follow
the long line of established precedents and failed to follow the Court of
Appeal which is binding on the lower courts.
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Tenant Issues - Notify Owner about Tenant's Default
by Patricia Conway
The unit owner must be kept informed and involved and be
notified consistently regarding tenant problems.
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Tenants Must Comply with The Condo Act
by Denise Lash, B.Sc, LL.B., ACCI, FCCI
Informing tenants as to what their obligations are from
the outset may reduce the likelihood of breaching the condominium documentation.
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Case Law Update: Divisional Court Decision Re: Estoppel Certificates
by Audrey Loeb, LL.B, LL.M, ACCI
Condo Lawyer, Audrey Loeb provides the details on a recent
Divisional Court of Ontario decision regarding a case where a corporation
did not disclose the possibility of a special assessment it was aware of
on an Estoppel Certificate to a new purchaser. As the author notes, this
case has actually raised two issues of concern to both condo owners and
corporations.
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Before and After Turnover (Fall 2004)
by J. Robert Gardiner, B.A., LL.B., ACCI, FCCI
The first several years of a Condominium's life might keep Directors
hopping, and Condo Lawyer, Bob Gardiner outlines all the issues that they
need to be aware of to ensure a successful turnover.
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The Case of the Blue Stained Deck (Summer 2004)
by Michael Pascu, LL.B.
Should it take almost two years for a condominium corporation to obtain
compliance by a unit owner with it's declaration and rules? Of course not,
but as author Michael Pascu explains, it did in one particular scenario
using the mediation and arbitration dispute resolution process under Section
132 of the Condominium Act, 1998.
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Directors' Liability: Directors and Officers - Your Standard of Care (Spring 2004)
By: John McMillan LL.B
A closer look at what "to act honestly and in good faith and to
exercise the care diligence and skill that a reasonably prudent person would
exercise in comparable circumstances" - section 37(1)(a)(b) really
means for directors.
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Workplace Safety - Condominium Corporation's Liability (Spring 2004)
By: Roger Tickner, CRSP
Aimed to improve workplace safety, Bill C-45 will now require employers
and organizations such as condominiums to treat workplace safety issues
as a key priority - or possibly be held criminally responsible.
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What happens at a Mediation?(Winter 2003)
By: David Alexander, QC
Author, David Alexander leads the reader through the process of mediation,
outlining various styles, benefits and possible outcomes.
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How Do Property Managers and Condominium Corporations Collect Personal Information? Let Me Count the Ways (Winter 2003)
By: Karen A. Spencer, LL.B
A look at the specific types of "collections of information"
condominium corporations engage in, on a regular basis, which would fall
under the jurisdiction of PIPEDA.
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PIPEDA and The Condominium Act - Problems and Practice (Winter 2003)
By: John Deacon, LL.B
Author, John Deacon takes a look at the practical impact of the new
legislation upon everyday activities in operating a condominium corporation
in the Province of Ontario.
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Happy New Year - May I See Your Privacy Policy Please? (Winter 2003)
By: John McMillan, LL.B.
January 1st, 2004 will see new requirements under Federal privacy legislation,
the Personal Information Protection and Electronic Documents Act (PIPEDA).
Author, John McMillan takes a look at the ramifications of this Act for
Property Managers and Condominium Corporations.
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Alterations to Common Elements - A Headache for the Board? Not Anymore! (Summer 2003)
By: Michael Pascu LL.B
Under the old Condominium Act, whenever a unit owner proposed an alteration
to the common elements, Board members invariably reached for the medicine
cabinet for fast headache relief. Well, not anymore! A look at Section 98
of the new condominium Act and the relief it has brought on this issue.
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SARS - Employment Concerns (Spring 2003)
By: Linda Kardum, LL.B
Condominium corporations and property management firms are not immune
from SARS. Both Corporations and their Property Managers need to be aware
of their rights and obligations with respect to SARS-related employment
issues currently facing all employers. Lawyer, Linda Kardum provides an
overview of the key issues to consider.
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Condominium Regulations 48/01 and 49/01 (Spring 2002)
by J. Robert Gardiner B.A., LL.B., ACCI, FCCI, Gardiner Miller Arnold LLP
Once again, author Bob Gardiner is able to simplify complicated legal jargon
for directors and managers. In this article he navigates the reader through
the provisions of Regulations 48/01 and 49/01 and the forms associated with
them.
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Toronto's Property Standards (Winter 2001)
by J. Robert Gardiner B.A., LL.B., ACCI, FCCI, Gardiner Miller Arnold LLP
'Chapter 629 of the City of Toronto's new Municipal Code requires all properties
to comply with minimum standards for repairs, maintenance, health, safety,
cleanliness, occupancy, nuisance-avoidance and the appearance of an array
of building components and properties. Author Bob Gardiner enlightens property
managers and boards of directors on their scope and effect in a condominium
environment'.
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Technical Dispute Resolution in Condominiums (Summer 2001)
by Tom Lanczi, Con-Serve Group Ltd
Sources of conflict for condominium owners can be in the design,
construction and operation phrases of the condominium building. During
the design phase, a problem could arise when a developer decides to change
the design to stay within budget. Selecting a good mediator is important
to resolve these conflicts.
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