Skip to content

Narrow screen resolution Wide screen resolution Auto adjust screen size Increase font size Decrease font size Default font size default color brick color green color
CAFCOR Forum
_GEN_GOTOBOTTOM Post Reply
TOPIC:
#19178
lawyer ROBERT GARDINER : “Overcoming Chargeback Hazards” ( ACMO's CM magazine Winter 2020 ) 2021/01/21 20:28  
Not legal advice, as usual.

Toronto lawyer J. Robert Gardiner ( Gardiner Miller Arnold ) has updated a 2020 article with additional comments for ACMO's Winter 2020-1 CM Magazine ( p 53-54 )

Post Amlani ( https://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&id=19033&catid=2 ) , Mr Gardiner's earlier version followed some rough judicial handling of a Toronto condo corporation's use of the Ontario Condominium Act 1998 's Section 92 ( "Work done for owner" ).

In Beswick et al v YRSCC # 1157
37 of a 61 unit townhouse minority within a much large complex fell just short in seeking an Oppression remedy. The plaintiffs had been given some "rough treatment" in being flat-billed & unit-specifically $ 5 K each for paver replacements formerly - ? and maybe properly ? - herded with common element reserve items they had been funding for some years. Arguably the condo corporation lost much of that decision. https://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&id=19141&catid=2

Mr Gardiner adds a more recent decision Peel C.C. # 223 v Tung 2020 ONSC 4705 https://canlii.ca/t/j906n which refuses upfront a summary judgment sought by a 23 unit industrial condo against an owner liened for alleged roof damage. She had refused to pay for / had insisted on displacing her own roof mounted HVAC during re-roofing. ( Not a refusal I would dare to choose about an installation on someone else's roof ). ( xcrpt : "[5] The validity of the lien is at the centre of this dispute. . . . If summary judgment were rendered, it would run roughshod over the defendant’s position on the facts." ) The matter will continue.

One always interesting aspect of the Condominium Act 1998's section 92 (1) ( "Work Done for Owner" ) is that its words literally do not expressly limit itself to work done on a unit.

If Ontario civil judges are finally listening to decades of complaining about misuse of fines & liens all over North America, maybe Mr Gardiner's checklist is extra timely.

Mr Gardiner excellently starts with : Look at the statute and then governance documents within the hierarchy.

For governance decisions that’s a far better start than some voodoo nonsense.

ACMO’s CM magazine Winter 2020-21 “Overcoming Chargeback Hazards” https://acmo.org/publications/cm-magazine/article/296 page 53-54
  The administrator has disabled public write access.
_GEN_GOTOTOP Post Reply
contact webmaster