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#18448
COMPETITION BUREAU probes Toronto condo COMMON ELEMENT reno environment 2016/05/27 00:40  
Toronto media are reporting a (Federal) Competition Bureau probe launched into more than 100 Toronto area common element renovation projects.

Given the 2015 change in Federal governance & a recent Tribunal decision involving TREB's intra-industry control of realty data, the Bureau's application for disclosure orders will get some attention.

Lots of competition usually serves contracting authorities - unfortunately also one inducement to develop 'special private relationships'.

But do Toronto's high reno volumes & Directoral/management skillset levels ensure an adequate 'arms length' ? Or at least enough for there to be meaningful competition ? If not, what about 'bang for condo corporation bucks' ?

May 26/16 Newstalk 1010
“Is your condo under investigation ? Competition Bureau has ordered 141 GTA condos to hand over reno records” http://www.newstalk1010.com/news/2016/05/26/is-your-condo-under-investigation


May 26/16 ToStar “Competition Bureau launches condo renovation probe. Focus is contractors providing makeovers of shared spaces like lobbies and garages.” by Tess Kalinowski R/E reporter https://www.thestar.com/business/2016/05/26/competition-bureau-launches-condo-renovation-probe.html


( Globe & Mail online subscribers might be able to also access its issue-triggering report at http://www.theglobeandmail.com/real-estate/toronto/competition-bureau-targets-condo-renovation- industry-in-criminal-probe/article30170295/ )
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#18490
Blogs detail COMPETITION BUREAU probe into Toronto condo COMMON ELEMENT reno environment 2016/06/22 13:28  
May 26/16 an ( out of province ) competition & regulatory law blog extensively quotes the G&M subscriber-only article, to which the blog even URLs a PressReader backdoor.

The Competition blog notes issues & relevant Provincial response as to what is still undisclosed in proposed Condo Act Regulations ( ? sealed bids for certain procurement transactions and procedures )

"Competition Bureau Conducting Criminal Probe in Ontario Condo Renovation Market" by Steve Szentesi & Mark Warner

http://www.ipvancouverblog.com/2016/05/competition-bureau-conducting-sweeping-criminal-probe-in- ontario-condo-renovation-market/

. . . .

( and more articles start to appear eg mid June 2016 D Lash LLB - http://www.lashcondolaw.com/competition-bureau-launches-investigation-into-condominium-renovations/ )
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#18491
Re:Blogs detail COMPETITION BUREAU probe into Toronto condo COMMON ELEMENT reno environment 2016/06/22 23:26  
Imagine the possibilities? The same group of managers, hires the same group of contractors for the same work that they influence all the boards to hire.

Could the contents and budget be leaked?

Are the tenders written to detail the job or eliminate the competition?

Where do the managers find these contractors for big jobs in the millions?
Richard Forster
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#18492
A slow train. But on what track will it arrive IF EVER ? : COMPETITION BUREAU probes condo renos 2016/06/23 01:18  
Tantalizing . . . maybe never to arrive . . . maybe to pass silently by . . .

So much Toronto bucks at stake, but so awkward for Canadian governments to get a grip onto whatever.

A surprise from the Nevada convictions of the Benzer gang which bribed managers, cops, lawyers, maybe a judge too. ( And actually used electoral fraud to place straw-persons onto condo & HOA Boards of Directors as stooges to misdirect reno & construction deficiency bucks ):

the FBI could only identify $15 M ( $ U.S.) actually defrauded. Claimed Benzer was about to snatch $45 M (U.S.).

How much at stake in Toronto ? OR How much could be traced through has some sort of trail ? . . .

Without a U.S. media alerted to decades of HOA/condo corruption . . . .
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#18493
Re:A slow train. But on what track will it arrive IF EVER ? : COMPETITION BUREAU probes condo renos 2016/06/23 10:33  
Bob you and I have been looking at the same problems repeat with different players for a decade now, and very little surprises me.

To be a director at the local Y, I was required to spend a day in preparation and training before I sat in and participated in my first meeting. Same thing with both real estate boards. Directors had to learn how the "thing" they were elected to serve worked.

In condoland, it's just show up and say YES! Diligence and duty need not apply.

Decision are made in the best interest of the ballot box, not the corporation and the real estate.

It's that time of year again too - the proxies will be rolling in.
Richard Forster
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#18502
Suzanne ()
User Offline
Re:A slow train. But on what track will it arrive IF EVER ? : COMPETITION BUREAU probes condo renos 2016/06/27 18:42  
How is this possible? I think i got duped. Paid a lawyer $4000 retainer a-basically for not much..so maybe they are just part of the cartel..Hope i am wrong..you mention the CCI? Are you saying everyone there is possibly involved?
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#18503
Suzanne ()
User Offline
Re:COMPETITION BUREAU probes Toronto condo COMMON ELEMENT reno environment 2016/06/27 18:59  
Is there more information available?
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#18504
Re:A slow train. But on what track will it arrive IF EVER ? : COMPETITION BUREAU probes condo renos 2016/06/28 09:57  
For decades the CCI members have worked hard to protect themselves.

You are among many people who paid retainers with no results.

Lawyers were not mentioned in the investigation.
Richard Forster
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#18506
Suzanne ()
User Offline
Re:A slow train. But on what track will it arrive IF EVER ? : COMPETITION BUREAU probes condo renos 2016/06/29 21:14  
Well i guess the best bet is to work it out with my Board. somehow and submit to their will. If not continue to seek another ltype of lawyer ( Not a condo lawyer) There has to be one good one that exists .
At the worst - I guess my story can be one of the many -but im sure it will make for a good one if it hits the media , If my condo board continues to be unreasonable and nothing more then entyitled very powerful bullies, Id rather do something then nothing -might as well go down fighting
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#18507
getting helpful input 2016/06/30 09:42  
Suzanne :

1- MAYBE contributors here can provide suggestions.

You might invite - and at least consider - comments from OTHER READERS at this Forum by discreetly posting the details as your own separate topic at this Forum.

Good idea to avoid identifying individuals or location by name. See posting rules.

2 - Respectfully it would be enormously HELPFUL to you & others if the TITLE you chose for your topic could specify EXACTLY the subject matter.

Not something like "at wit's end" or "please help ! " . . whatever.

The specific subject title would allow a quicker analytical focus by others. It can also more easily be researched by future site visitors.

Respectfully, a specific subject matter like

Eg : "denied access to corporation records illegally " or

"howling cat nuisance is not being stopped by management"

or

"Board is under-funding Reserve Fund contrary to its distributed Plan for Future Funding"


or " nuisance violation continues with Board refusing to apply the Condominium Act"

Note that . . .


3 - Searchable at this Forum may be directly identical topics. ( & Links are also provided ).(They may be searchable in the excellent Search Forum function above here.)

But if the input seeker uses a title like " unhappy with Board", then that topic may be worthless to you or difficult to bother with . . .


4 - the Bigger Picture ?

Respectfully ANYONE living in ( or buying new into ) a shared ownership situation or common interest community RIGHT UPFRONT needs to learn the relevant provincial law & the person's own site documents backwards and forwards.

Or else be even more at the mercy of the Gods know what.

5 - American site commenters often point out CAVEAT EMPTOR.

But if buying into the experience was a risk - partially blind risk - EVEN MORE SO would be failing to learn & totally understand what your options are. They may include selling out or trying to change the situation. . .

The current Condominium Act 1998 identifies at least 6 or 8 clear remedial tools.( & some more upcoming with Bill 106 changes). But easy they ain't

6 Good luck.
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#18508
Re:getting helpful input 2016/06/30 21:25  
Only condo lawyers can be used for condo cases - lawyers are classified.

Work what out? Owners that have never read their declaration or Act can take over and run it their way. Owners play along because it takes work and money to change things under the current Act.

Since we have no idea of what the board may or may not be doing, nobody here can offer help.

The Ontario government has help pages and will answer basic questions too.
Richard Forster
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#18614
responding to COMPETITION BUREAU probes 2016/10/19 14:34  
Sep 30/16 Nelligan O’Brien Payne Condo Law News “Competition Bureau Investigation: How Should Corporations Respond ?” by lawyers Jim Davidson & Paul Taylor-Sussex

http://www.condolawnews.ca/e/competition-bureau-investigation-how-should-corporations-respond.cfm

* * *
Clarifying one issue about this : the Act amendment inserted a new subsection 39.1 under former freestanding section 39 "Insurance". This new subsection 39.1 Procurement Process etc : - does it refer ONLY to Master Policy Insurance inside Insurance Section 39 of which it has been stuffed by the drafters pending actual proclamation ?

Or does it refer wider to ALL SORTS of Corporation contracting - NOT MERELY to Insurance contracting onto which section 39 it has been grafted ?

The amendment's new interpretative title & wording of inserted 39.1 indicates that the still unpublicized Regulations will address "Procurement Process".

( Comparison text from : http://www.millerthomson.com/assets/files/article_attachments3/16327309_3_FINAL---Bill-106- Amendments-to-the-Condo-Act-.pdf )

(existing): " Insurance

39. If the insurance is reasonably available, a corporation shall purchase and maintain insurance for the benefit of a director or officer against the matters described in clauses 38 (1) (a) and (b) except insurance against a liability, cost, charge or expense of the director or officer incurred as a result of a breach of the duty to act honestly and in good faith. 1998, c. 19, s. 39. "

NOW ADDS New subsection 39.1 :

"Procurement process, etc.

39.1 A corporation shall not enter into a prescribed contract or transaction unless the procurement process and other contracts or arrangements that the corporation entered into in relation to the contract or transaction meet the prescribed requirements."
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#19428
EPILOGUE to COMPETITION BUREAU probes - condo renovations 2023/09/10 16:49  
If and when restraints of competition do occur - IF they occur - those who pay for goods or services are among the direct losers.

But all wider affected by higher costs for poorer services, also suffer even if it's not so clear. And that's as well as competitors who face tough choices to break into a market.

In Ontario it's fair to usually expect that criminal or civil law remedies can be lengthy, complex, uncertain etc. Help from the government ?

Are condo, Building Scheme or other groups of volunteer governancers able to bring the skillsets & integrity to meet the challenge ? Are owners diligent enough to chose and support those who do when purchasing goods or services ?

An ( incomplete ? ) epilogue to the alleged restraints of competition involving condo corridor renos etc :


- Jan 6/22 Settlement Agreement ( class action ) executed including for representative condo corp https://www.sotosclassactions.com/wp-content/uploads/2022/06/Settlement-Agreement.pdf

- Jan 17/22 News Release Competition Bureau Canada ( Federal )
“ XXX Interiors fined $761,967 after pleading guilty in GTA condo refurbishment bid-rigging scheme”

https://www.canada.ca/en/competition-bureau/news/2022/01/cpl-interiors-fined-761967-after-pleading- guilty-in-gta-condo-refurbishment-bid-rigging-scheme.html

with link to Bureau’s “Collusion risk assessment tool for procurement agents” https://ised-isde.canada.ca/site/competition-bureau-canada/en/bid-rigging-price-fixing-and-other- agreements-between-competitors/collusion-risk-assessment-tool-procurement-agents

Fall 2022 CM Magazine ( ACMO ) by lawyer Chris Jaglowitz “Corridor Refurbishment Bid-Rigging Lawsuit”
https://acmo.org/publications/cm-magazine/article/412
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