Jason Rivait

Partner | Toronto


Portrait of Jason Rivait

Looking forward: 5 emerging condo trends for 2022

While the pandemic will undoubtedly continue to play a large part of the year ahead, there are some other emerging trends that will alter the way the condominium industry does business in Ontario in the coming year. Keeping with our...


Who is responsible if the garage door damages my Mercedes?

The garage door closes and a resident’s motor vehicle is damaged. Who is responsible for the damage to the motor vehicle? Is it the resident or the condominium corporation? This question arises all too often in a condominium setting. As...


The benefits of special assessment insurance

Condominium unit owners have ownership interests in their units together with an undivided interest in the common elements. These common elements generally include, but are not limited to, the lobbies, hallways, recreational rooms and parking garages of the condominium. In...


Can condo corporations enforce Toronto’s mask policy?

To help slow the spread of COVID-19 in condominium and apartment buildings, since August 7, 2020, the City of Toronto’s By-Law 664-2020 (the “Mask By-law”) has made wearing a face covering or mask mandatory in all common areas of multi-unit...


Looking forward: 5 emerging condo trends for 2021

Good riddance to 2020.  It was a challenging year by any stretch, but the industry prevailed with the hard work of many front-line condominium personnel including, but not limited to, cleaners, security staff, superintendents and property managers.  While we are...


Province of Ontario suspends condo AGM deadlines and permits e-meetings/voting

The news all condo corporations in Ontario have been waiting for is finally here. On April 24, 2020, the Province amended O.Reg 107/20 under the Emergency Management and Civil Protection Act (Ontario) so that it apples to condos. The Order...


Does Ontario’s Condominium Act permit virtual owners’ meetings?

Many condo managers and board members are grappling with the range of issues the COVID-19 pandemic has presented.  With Annual General Meeting season coming upon us, many have turned their minds to the obligation to hold the meeting within six...


Should condominium corporations register liens considering the Order in Council?

In today’s climate, news from a week ago is considered prehistoric but we thought it necessary to chime in on an important conversation with month-end around the corner. On March 17, 2020, the Government of Ontario suspended all “limitation periods”...


Back to Basics: Top ten tips to run a condo board meeting

Board meetings often have much to address within time constraints and all Board members play a key role in maintaining focus on efficiencies and productivity. With this in mind, we have created our top ten tips for running a Board...


Jason Rivait quoted in Canadian Underwriter article

Canadian Underwriter, "How to reduce a condo corporation's insurance premiums"

With condo insurance premiums on the rise – in some jurisdictions, premiums have reportedly increased by 780% — and coverage scarce, legal counsel and Canadian Underwriter readers have a few ideas for the Insurance Bureau of Canada’s forthcoming risk manager for condo...


Condo insurance: three steps to mitigate risk from rising premiums and deductibles

It is safe to say that condo insurance is becoming a sore spot for condo corporations not only in Ontario but across Canada. Condo corporations have seen soaring premiums and deductibles. In some jurisdictions, it has been reported that premiums...


Back to Basics: How to Enforce Compliance with the Condo Corporation’s Governing Documents?

Section 119 of Ontario’s Condominium Act, 1998 (the “Act”) requires the condo corporation and any director, officer, employee, owner and occupier of a unit to comply with the Act, and the condo corporation’s declaration, by-laws and rules.  An owner of...


Short-Term Rental By-law: LPAT Hearing Update

In late 2017, the City of Toronto (the “City”) approved recommendations to create a new zoning by-law regulating short-term rentals. The by-law was intended to take effect in June 2018 but was appealed at the Local Planning Appeal Tribunal (the...


Brought Back from the Dead: Planning for Overdoses and Heart Attacks

A June 2019 Government of Canada report describes a disturbing trend of rising opioid-related deaths in Canada, a situation it called an opioid crisis. High-rise condominiums face unique challenges when planning for medical emergencies such as overdoses and heart attacks....


Gender Inclusive Facilities

A recent decision of the Ontario Human Rights Tribunal (the “Tribunal”) has provided insight as to who can be held responsible to ensure that common element facilities are inclusive. The applicant, a condominium unit owner, raised the issue of discrimination...


Terminating Mutual Use Agreements by way of Court Application

Section 113 of the Condominium Act, 1998 (Ontario) (the “Act”) authorizes a condominium corporation to apply for a court order to amend or terminate a mutual use agreement within twelve months of the turnover meeting, provided that: (i) the disclosure...


Cannabis and Accommodation: Weeding out Legitimate Requests

With the legalization of cannabis, many condo corporations have recently passed provisions to prohibit the smoking of cannabis.  While there has been much said about the creation of these provisions, there has been little written about the duty to accommodate....


Inaccessible Parking: A review of the disabled parking unit exchange

Condominium Manager, Spring 2016

Joe, a condo resident with a disability, asks the board to relocate his parking space to a space that is larger and closer to the elevators to accommodate his disability. Joe provides the board with medical documentation to support his need for accommodation...


The New Condo Act: Effect on Directors

Condo Voice - Canadian Condominium Institute, Fall 2015 (page 29)

First and foremost, big applause to the countless people who contributed to what many people are referring to as the “New Condo Act”. We would be remiss if we did not extend a hat tip to the many unit owners,...


Jason Rivait featured in Toronto Star article on Condo Act Reform

Toronto Star, "Condo Act reform may cause more trouble than it solves"

“If Shakespeare was alive today and owned a condo in Ontario (let’s say Stratford), he would have ample material for a new play about disagreements in condo projects.” So begins a critical analysis of the upcoming changes to Ontario’s Condominium Act...


Disputes in Condominiums – To Litigate or Mediate

Condo Voice - Canadian Condominium Institute, Spring 2015 (page 47)

If Shakespeare was alive today, and owned a condo in Ontario (let’s say Stratford), he would have ample material for a new play about disagreements in condos.


When is a Condo a Hotel?

Condo Voice - Canadian Condominium Institute, Winter 2014 (page 5)

Is it time to push for new regulations to address some of the unpleasant effects of short-term rental accommodation? With accommodations in more than 34,000 cities and 190 countries, Airbnb has rapidly become a popular alternative to conventional vacation lodging.


Jason Rivait comments in Law Times on issue of short-term rentals in condos

Law Times, "Airbnb changing condo landscape"

Over the past few years, Airbnb has exploded as a web site that connects people with spare rooms to travellers looking for short-term rentals. Jason Rivait doesn’t expect Ontario to address the issue of short-term rentals in condominiums through legislation. In 2011,...


The Inadequacy of Reserve Fund Provisions

Condo Voice - Canadian Condominium Institute, Summer 2014 (page 57)

There’s much discussion in the condo industry about reserve funds. As recently reported by major news outlets, some condos have levied special assessments of approximately $40,000 per one bedroom unit to cover the cost of major common element repairs and...