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#19054
COVID-19 DEFERRALS & "tolling" of PROVINCIAL Limitation periods - O.Reg 73/ 20 EMCPA 2020/03/24 12:22  
Ontario has prescribed by Regulation, certain deferrals of ( Provincially imposed ) obligations & "tolling" of various Limitation period calculations & resulting remedies. That Regulation ( below ) is prescribed retroactive to Monday March 16 2020.

1 - Condo law specialists are publishing about such ( citations to follow ).

Amongst implications for Ontario's condo universe are on ( some )Corporation REMEDIES to enforce deadlines for ( lawful ) periodic contributions by owners / special assessments on units by DEADLINED LIENS where lawful, Meeting deadlines and various recurrent iterations of RESERVE FUNDING studies & updates etc. . . .

Does it apply to statutorly-deadlined management duties such as periodic notices to all owners ?

Or to responding to records requests, conversely an owner/lender remedy which could be launched at ONCAT Ontario's Condominium Authority Tribunal ?

Does it postpone deadlines to respond to requests for Status Certificates ( or else be bound by stale-dating or omission ) ?

Anyway, as to site-varying dates & amounts of owner obligations to pay - what a unit owner must pay & by what date - such arguably do NOT appear to be DIRECTLY impacted. Some tough choices then for condo governancers amidst Covid-19 income disruptions.

And amongst eye-opening speculation is even whether or not the Province's latest "tolling" Reg. actually succeeds in extending a condo corporation's own deadline to LIEN etc an arrearant's condo unit ( ie. to preserve a qualified "super-priority" status against lenders on title except of course for pre-registration lenders at the "join the party" Part 10 CECC model . . . ).

Without amending Declaration or By-lawed contribution dates where such may exist, can condo governancers unilaterally postpone a DECLARATION-IMPOSED or BY-LAW IMPOSED DEADLINE to PAY, selectively or not ?

It would be interesting to hear discussions of whether management or Boards actually have arbitrary powers of ad hoc discretionary general dispensations or general postponement of EVERY condo owner's periodic owner contributions. It's a frequent voodoo issue for non-condo associations.

AND IF it's not a general dispensation, does your condo Board have the skillsets & integrity to selectively sort out who gets a break & how long ? Ever done income-driven price adjustments eg RGI rent-geared to income ? Should non-resident investors - multiple units maybe - get a break from the Board if the Province meanwhile only bails out "personal residence" charges by a tenant or owner-occupant ? Not easy issues.

2 - Less standard are the implications for Ontario Building Schemes ( amidst the absence of an Ontario counterpart to Ontario's Condominium Act 1998 nor Florida's chapter 720 ).

BUT will this now mean "tolling" or prolongation - for example - of Ontario's statutory 40 year max lifespan of non-determinated restrictive covenants ? And thereby of eventual expiry of covenant-based rights to have some sort of jurisdiction thereunder, sometimes being bogus anyway ?


3 - O. Reg. 73/20: ORDER UNDER SUBSECTION 7.1 (2) OF THE ACT https://www.ontario.ca/laws/regulation/200073

( under Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9 https://www.ontario.ca/laws/statute/90e09 )
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#19055
Articles & "WEBINARS" : Ontario condominiums amidst COVID-19 2020/03/24 16:02  
About this, some interesting condo law stuff has circulated including . . .

Rod Escayola LLB ( Gowling WLG ) http://condoadviser.ca/

Davidson Houle Allen LLP https://davidsoncondolaw.ca/blog/

Denise Lash LLB http://www.lashcondolaw.com/

Michelle Kelly LLB ( Robson Carpenter LLP ) https://ontcondolaw.com/

and more appearing . . .
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#19057
April 25/20 meeting & electronicwha 2020/03/25 11:20  
1 - ( alerted by lawyer Rod Escayola, Gowling WLG Ottawa ) :

April 24/20 : retroactive to March 17/20 Ontario Order in Council purports to "temporarily" override certain legislated notice leadtimes for condo Board & condo Owner meetings; also purports to temporarily implement E notices & voting etc . . .

See link to Schedule 4 of “O. Reg 2020.03.11.e 17 –KC” not yet at Ontario's e-laws website as of April 26/20.

April 25/20 “Ontario Postpones AGMs & Allows E-Meetings / E-voting and Electronic Communications to Owners” http://condoadviser.ca/2020/04/ontario-postpones-agms-allows-e-meetings-e-voting-and-electronic- communications-to-owners/condo-law-blog-Ontario


Article links to pdf of “O. Reg 2020.03.11.e 17 –KC” of April 24/20 Amending O. Reg 107/20 retroactive to March 17/20 . http://condoadviser.ca/wp-content/uploads/2020/04/solgen-oic-meetings-for-corporations.pdf

At April 27/20 is not yet with other emergency regs at Ontario’s E-laws website https://www.ontario.ca/laws/statute/90e09
Contains Schedule 4 ‘temporary suspensions” of certain Notice sections of Condominium Act 1998 - Board & AGMs and electronic voting & notice provisions

2 - What does "tolling" mean ?

At March 25/20 Wikipedia describes legal term “TOLLING” as NOT a U.K. legal concept; cites U.S. jurisprudence :

“The term tolling is unknown to English law” . . . “Tolling” is a legal doctrine that allows for the pausing or delaying of the running of the period of time set forth by a Statute of Limitations, such that a lawsuit may potentially be filed even after the statute of limitations has run. Grounds ( for “statutory “ tolling ) vary . . ."

See also “equitable “ tolling derived by judicial theory . .
3 - UPDATE ONSC REGION BY REGION cranking back up slowly May 19/20

https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/consolidated-notice/
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