Latent Defects or Hidden Damage in Real Property Transactions

Sabrina Saltmarsh, B.A. (Hons), J.D.Agents and Brokers, Broker and Agent Claims, Civil Litigation, Commercial, Condo Litigation, Contract Disputes, Cottage Litigation, Cottage Purchase and Sale, Misrepresentation, Professional Liability, Real Estate Agent and Broker, Real Estate Litigation, Recreational Property, Recreational Property Litigation0 Comments

What Are Latent Defects Or Hidden Damages? Latent defects or Hidden Damage are defects to a property that are not generally discoverable by a prospective purchaser on a reasonable inspection and ordinary vigilance. This can include issues such as, faulty electrical wiring hiding behind the walls or a well-hidden termite or mold problem. Many real estate purchases include a buyer’s right to inspect the property to be purchased. However, these inspections are not exhaustive, and may not reveal latent defects or hidden problems with the property that are not readily visible. Why Do Participants In A Real Estate Transaction Need To Be Concerned About Latent Defects Or Hidden Damage? The problem latent defects or hidden damage can pose for a prospective real estate purchaser is that no amount of vigilance on a visual inspection can uncover such a defect, even one conducted with a home inspector (who’s inspections are typically … Read More

Cart Before the Horse – Requesting Accommodations to Condominium Common Elements Before Commencing Litigation

Mahdi Hussein, B.A. (Hons.), JDAdministrative Law, Commercial Litigation, Condo Construction, Condo Litigation, Construction | Builders, Human Rights0 Comments

In Charlie Andrews v. Great Gulf, 2019 HRTO 370, the applicant, a condominium owner, alleges that the respondent, builder of the condominium complex, failed to provide gender-inclusive washrooms in the pool and stream areas of the condominium building. The builder of the condominium complex did not file a response, but rather, asked that the matter be dismissed as it had no prospect of success, as the builder could not be held liable for the alleged discrimination, since: It no longer had an ongoing service relationship with the condominium; The applicant, as a condominium board member could not point to any requests by any individual, including themselves, that the builder or condominium provide gender-inclusive change rooms; The  subject areas that were allegedly discriminatory were located in the common elements of the condominium and related to accessibility,  rendering it the responsibility of the condominium, of which the applicant was a member; and At the time the … Read More

Three Ways Out of An Agreement of Purchase and Sale

Fatima VieiraCivil Litigation, Condo Litigation, Real Estate Litigation0 Comments

A recent decision of the Ontario Court of Appeal in Jung v. Talon demonstrates at least three ways out of an agreement of purchase and sale with return of deposits. The Ontario Court of Appeal considered appeals in two related cases. The first case, “A.” involved Jung and a numbered company as the purchasers of two commercial condominium units at the Trump International Hotel. The second case, “B.” involved Jung as the purchaser of a residential unit in the same property. The developer in both cases was Talon. In A., Talon delayed closing and ultimately scheduled a later occupancy date.  It then provided a revised disclosure statement indicating changes in the condominium building and the commercial units. Jung took the position that these were material changes which entitled the purchaser to rescission under s. 74(7) of the Condominium Act, 1998 and he delivered Notices of Rescission. In response, Talon brought … Read More

Fork In the Road: Critical Considerations by Condominium Corporations in Anticipatory Failed Closings

Mahdi Hussein, B.A. (Hons.), JDAppeals, Appellate Advocacy, Civil Litigation, Commercial, Commercial Contracts, Condo Construction, Condo Litigation, Contract Disputes, Real Estate Litigation0 Comments

In 1179 Hunt Club Inc. v. Ottawa Medical Square Inc., 2019 ONCA 700, the purchasers, Ottawa Medical Square Group, entered into an Agreement for Purchase and Sale to purchase condominium units owned by the vendor, 1179 Hunt Club Inc. The value of the commercial condominium units in the Hunt Club Project was $5.6 million dollars. Five days before closing, the purchasers, sent a request to the vendor, requesting an extension of time as the purchasers had not yet finalized their arrangements for financing. Three days before closing, the vendor advised that it would insist on closing, and if the purchaser could not close, it would exercise its rights and remedies under the Agreement for Purchase and Sale. On the date of closing, the vendor learned that the Land Registry Office had made an error in assigning parcel identification numbers. Although this error was ameliorated later that day, this mishap, prevented … Read More

Toronto Condo Arbitrator – Independent, Reasonable Fees and Available

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and ArbitratorArbitration, Arbitrators, Commercial, Commercial Arbitration, Condo Litigation0 Comments

David Alderson, LL.B., LL.M, Q.Arb –  Condo Dispute Arbitrator David has been accredited by the ADR Institute as Canada as a Qualified Arbitrator (Q.Arb). He accepts appointments as a commercial arbitrator, including as condominium dispute arbitrator, at reasonable hourly rates (from $350.00 per hour, plus facilities and applicable taxes) and with good availability. The Ontario Superior Court of Justice has appointed David in commercial (including condominium) arbitration matters. David is a member of the Toronto Commercial Arbitration Society, and has successfully completed the Toronto Commercial Arbitration Society Gold Standard Course in Commercial Arbitration. He is also a Full Member of the ADR Institute of Ontario and appears in its Member Directory. He has legal experience in arbitration in under different institutional and ad hoc rules, in a wide variety of matters.  David accepts appointment as sole arbitrator and party-appointed arbitrator in a wide variety of condominium disputes. David has appeared as a barrister in the … Read More

Condominium Limitation Periods and Timelines – Mark Your Calendar!

Fatima VieiraCivil Litigation, Commercial, Commercial Arbitration, Commercial Litigation, Condo Construction, Condo Litigation, Construction | Builders, Construction Litigation, Contract Disputes0 Comments

There is continuing intense activity in condominium development in Toronto, the Greater Toronto Area, Hamilton and the Niagara region. Once a condominium corporation is formed by registration of a declaration, it has a lot to do and review, within specific time lines. Getting the essential work done within those specific time lines is crucial to the protection of the rights and remedies of developers, condominium corporations and unit owners. Warranty review time lines occur at one-year, two-year and seven-year marks. If a one-year warranty claim is made, a 120-day period follows for repair or resolution by the builder. If there is no resolution and repairs are incomplete, the condominium corporation has 30 days to request conciliation or assistance with resolution of outstanding issues from the warranty provider.   The conciliation process typically involves inspection by a warranty services representative who then renders a decision as to whether the claims are … Read More

7 Things To Consider Before Buying A Condo

Sabrina Saltmarsh, B.A. (Hons), J.D.Condo Litigation, Real Estate Agent and Broker, Real Estate Litigation0 Comments

As condominiums proliferate as the home of choice for many, it is important to realize it is a different kind of ownership than a house or freehold townhome.  To make sure you’ve made the right decision here’s 7 things you should know before purchasing a condo: 1) Read the declaration, by-laws and rules Every condo community is unique. The declaration, by-laws and rules provide critical information about the restrictions and allowances within the community. Some condo’s may have strict rules regarding pet ownership, other’s may entirely prohibit short term rentals, while some may specifically protect such use of the unit within the declaration. There will likely be rules about smoking whether it be cigarettes or cannabis. Most condominiums also have rules about visitors, whether they can use amenities independently or can only do so with a resident. These are just some examples of rules that can have a major impact … Read More

Five Things To Know Before Renting Your Condo Out As A Short-Term Rental

Sabrina Saltmarsh, B.A. (Hons), J.D.Condo Litigation, Real Estate Litigation0 Comments

Since the rise in popularity and use of Airbnb and other similar sites, the opportunity to make some extra cash by listing property on these websites seems to be gaining appeal. In urban centres short-term rentals have become a sizeable industry. This has meant that municipalities, and condominium communities alike have all had to grapple with how to respond to this growing sector of the new home-sharing platform. In this blog we address some important things you should take into account as you consider listing your home for short-term rental. 1) Are There Any Municipal Rules Restricting Short Term Rentals In Your Area? On December 7, 2017 Toronto’s City Council approved the regulation of short-term rentals in the City. Other jurisdictions might take a different approach, including prohibiting or zoning short-term rentals, or excluding certain types of properties from eligibility. In Toronto short-term rentals are permitted in all housing types … Read More

Condo Dwellers Get A Lift From New Elevator Regulations

Sabrina Saltmarsh, B.A. (Hons), J.D.Condo Litigation, Real Estate Litigation0 Comments

With more Ontario residents making the move to vertical condominium communities the Ontario government has turned their attention to that pesky problem of elevators down for service. There are approximately 20,000 elevators already operational in buildings throughout the province, and about 1550 of them are more than 50 years old with another 10,000 over 25 years old. The legislation is not only a positive step towards recognizing the essential service that elevators provide to condominium residents and particularly, elderly residents, those with disabilities and those living on the highest floors of increasingly taller condominium buildings, but the first jurisdiction to pass such regulation in the world. So what is this new legislation going to mean? Enhanced enforcement of maintenance requirements including , preventative maintenance requirements and a maximum time allotment for elevator service outages. With enforcement through fines levied against elevator maintenance companies, and owners. Improved information sharing with Fire and … Read More

Nick Poon Comments on Condominium Liability Issues for the Toronto Sun

Nick P. Poon, B.Sc. (Hons.), B.A., J.D.Condo Litigation, Directors' and Officers' Liability, Gilbertson Davis LLP News, Negligence, Property Management0 Comments

Nick Poon was recently asked to comment on the duty and standard of care of condominium corporations, boards of directors and property managers in respect to security and safety in condominiums. Read the Toronto Sun article here: “Creepy Yorkville condo stalker terrifies women“. If you require legal advice and representation in respect to condominium disputes, please contact us for an initial consultation.

7 Things You Should Know Before Requesting Records From Your Condo

Sabrina Saltmarsh, B.A. (Hons), J.D.Condo Litigation, Real Estate Litigation0 Comments

With the new amendments to the Condominium Act, there will be new rules and guidelines on how condominium corporations and unit owners will deal with records requests. There has been recognition on the regulatory level that unit owners requests for records has been a pesky problem causing grief for condominium corporations and unit owners alike, neither of whom are particularly clear on what their rights and obligations are when a unit owner is seeking records. This is in part due to the fact that the Condominium Act originally enacted in 1998, was relatively untouched until the government recognized the need for clarity and began working on legislative reform in 2012. In 2015 two major pieces of legislation were enacted, the Protecting Condominium Owners Act (an amendment to the original Condominium Act), and the Condominium Management Services Act, which have served to dramatically update and clarify a lot of the rules and regulations surrounding … Read More

Court of Appeal Majority Rejects Oppression Claim Against Condominium Corporation’s Leasing of Parking Spaces

Robert Kalanda, B.A. (Hons.), J.D.Commercial, Commercial Leasing, Condo Litigation, Oppression Remedies, Real Estate Litigation, Retail Disputes, Retail Litigation0 Comments

In Cheung v. York Region Condominium, the appellant owned several units which were leased to tenants who operated a 230-seat restaurant out of those units. After complaints by other unit owners that restaurant customers were taking up most or all of the 162 shared common element parking spaces, the condominium corporation enacted a by-law to allow the corporation to lease four parking spots per unit owner “from time to time”, reducing the potential number of spaces available to restaurant guests by 80%. The applicant sought a declaration that the by-law was invalid since the leases could be perpetual and thereby essentially create exclusive use common elements, which can only be created by specific declaration, not through by-law. The applicant further argued that the by-law was oppressive and unfairly prejudicial to the applicant’s interests. The majority held that, since the by-law only approved the ability to enter into leases, which could be on whatever … Read More

Big Changes Coming for Condo Living In The GTA

Sabrina Saltmarsh, B.A. (Hons), J.D.Condo Litigation, Real Estate Litigation0 Comments

With the current detached housing market crunch, it’s perhaps no surprise that according to data collected by City News there are currently over 3200 more condo projects either under review, being appealed or actively under construction. That’s an estimated 272,000 new units for the Toronto area. Life in downtown Toronto, Mississauga, or Hamilton will most likely mean living in a condominium for many urban residents.  Condominium legislation is developing at a rapid pace to keep up with the increasingly complex and unique legal issues faced by condo dwellers. In 2015, two major pieces of legislation were enacted, the Protecting Condominium Owners Act, and the Condominium Management Services Act.  These laws will have a big impact on condominium related legal issues. Here’s some of the most important changes you should know about if you own or live in a condominium, or are thinking about it. 1) Most Legal Disputes Will Be Decided By … Read More