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
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 ( ) , 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.

Mr Gardiner adds a more recent decision Peel C.C. # 223 v Tung 2020 ONSC 4705 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” page 53-54
  The administrator has disabled public write access.
contact webmaster