Profile
Patricia Conway practices commercial and civil litigation, focussing her practice on serving the diverse needs of the condominium industry and the condominium community.
In her condominium practice, she works with condominium boards and property management on governance issues (e.g. unit holder disputes, third party supplier disputes, board matters, employment and human rights) and compliance issues. Many such disputes erupt quickly and require immediate response. As a result, she has a breadth of experience and expertise in emergency applications and injunctions.
She represents and advises condominium developers and corporations in litigation and alternate dispute resolution. She works closely with engineers, accountants and other experts in presenting and prosecuting construction deficiency claims before the courts and administrative tribunals.
Ms. Conway has authored numerous articles on condominium related topics for industry publications, the Law Society of Upper Canada, the Ontario Bar Association and condominium trade magazines. She is a frequent guest lecturer for the Canadian Condominium Institute’s advanced course, focussing on human rights issues.
She is committed to providing the finest quality of service to her clients, with an emphasis on practical responsiveness and finding cost-effective solutions.
Outside of work, Ms. Conway enjoys dress making, skiing, entertaining and foreign travel.
Education
- LL.B., University of Toronto, 1979
- B. Ed., University of Toronto, 1973
- M.A., University of Toronto, 1969
- B.A., McMaster University, 1968
Professional Achievements
- BV Rated, Martindale-Hubbell
Representative Work
- Metropolitan Toronto Condominium Corp. No. 932. v. Lahrkamp, 2009 CarswellOnt 2287 (appeal by a unit owner in a condominium from an order obtained by the condominium corporation that regulates and restricts the exercise of his rights to examine condominium reward and to obtain copies of them)
- Metropolitan Toronto Condominium Corporation No. 1250 v. The Mastercraft Group Inc., 2009 ONCA 584 (appeal to the Ontario Court of Appeal on the issues: when does a subsequent landowner become a “declarant”; whether fixtures can be separated from common elements and then leased to the condo corporation; relevant factors in determining whether a construction warranty is breached; whether the right to rent parking is an easement appurtenant to each unit)
- Ed Mirvish Enterprises Limited v. Stinson Hospitality Inc. et al., 2007 CarswellOnt 6045 (motion for annulment of voluntary assignments of companies in receivership into bankruptcy on the basis that the receiver was exclusively in control of the debtors’ activities and in order to assign companies into bankruptcy, consent of the receiver or leave of the court was required)
- Walia Properties Ltd. v. York Condominium Corp. No. 478, 2007 CarswellOnt 5001 (application for relief from oppression where condominium’s by-laws, that ensured commercial unit owners had equal say in management of condominium corporation even though they were outnumbered, were nullified by subsequent statutory amendment)
- Little v. Metropolitan Toronto Condominium Corp. No. 590, 2006 CarswellOnt 4984 (application by unit owner for order requiring condominium corporation to reimburse its reserve fund for amounts allegedly wrongfully expended from fund)
- Webb v. Metropolitan Toronto Condominium Corp. No. 979, 2003 CanLii 20012 (application for a compliance order under s. 134 of the Condominium Act challenging a decision of the board of directors of the condominium to change cable television services)
Publications
- “Good Night Sleep Tight Don't Let The Bed's Bugs Bite”, Let's Talk Condo - Ontario (Winter 2010)
- “Good News for Boards on Single Family Provisions in Declarations and Eliminating Rooming Houses”, Let's Talk Condo - Ontario (Fall 2009)
- “Off to Court? Not so Fast!”, Let's Talk Condo - Ontario (Winter 2008)
- “First Year Budget Deficiency - Add Interest”, Let's Talk Condo - Ontario (Summer 2007)
- “Avoiding Human Rights Complaints - The Value of Policy”, Let's Talk Condo - Ontario (Spring 2007)
- “Avoiding Human Rights Complaints”, Let's Talk Condo - Ontario (Winter 2006)
- “New Legislation Planned for Disabled”, Let's Talk Condo - Ontario (Spring 2005)
- “Amberwoods Investments Ltd. v. Durham Condominium Corporation No. 123”, OBA Real Estate Wars (June 2002)
Industry Expertise
Key Practice Expertise
Areas of Focus
- Construction Deficiency Claims
- Condominium Compliance
- Human Rights
Year of Call
- Ontario Bar, 1981