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#19439
ONCAT smacks CHARGEBACK abuses / LIEN ABUSES : YCC # 50 v OVERHOLT 2024/01/14 18:40  
Not legal advice.

There's a wide range of competence & ethics in the CONDO and Building Scheme universes. SO was it really a good idea for Ontario to even add legitimacy for so-called charge-backing ? Not everyone plays fair when it's tempting to smack down a weaker adversary. Not everyone may want to read about "limits".

Whatever, governancers respectfully would do well to check out an article by a Toronto condo law specialist about the perils of "playing the Chargeback Card" . . . .

It's a worthwhile read about a 2023 ONCAT Condominium Authority Tribunal decision. ONCAT rejected a condo corporation's application against a grand-fathered smoker.

( Alleged ) second hand smoke is dangerous, but the ( held-grandfathered) smoker peremptorily became the target of application by his condo corp to ONCAT ! They get cited not only to have refused to properly investigate but even coercively to have illegally liened Overholt’s Unit for an unsupported lien !

Could be seen as a companion piece to judicial decisions in AMLANI and RAHMAN.

YCC # 50 v Overholt 2023 ONCAT 123 issued Aug 31/23 https://canlii.ca/t/jzxj9

Sep 13/23 “No credit for the CHARGEBACK CARD: Practical solutions and why improper condo chargebacks are not the answer” by lawyer Tony Bui ( Gardiner Miller Arnold LLP ) https://www.ontariocondolaw.com/
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