Justin McLarty

Sociétaire | Toronto

416.597.6014

Portrait de Justin McLarty

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Can board members remove another board member?

“One of our board members has gone rogue – what can we do?” While this is thankfully not a frequent question that we receive, it can be an extremely challenging situation for boards, property management and legal counsel to address....

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Can condo corporations charge back for legal fees?

The Condominium Authority Tribunal’s (“CAT” or the “Tribunal”) recent decision in Peel Condominium Corporation No. 96 v. Psofimis (“Psofimis”) should bring relief to condominium corporations across Ontario. In Psofimis, CAT awarded the corporation the legal fees it incurred pursuing enforcement...

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Condo declaration can limit uses of a unit

A condominium’s declaration can include restrictions on the uses that may be made of a unit. In residential developments, this usually takes the form of “single family use” to prevent short-term rentals. Commercial developments often use declarations to prohibit certain...

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When is enough, enough? The adequacy of reserve funds

The Auditor General of Ontario’s recent report, “Value-for-Money Audit: Condominium Oversight in Ontario” (the “AG’s Report”) outlines a number of issues facing condominium corporations and owners. One of these issues is the adequacy of reserve funds, with the AG’s Report...

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New community benefits charge framework in effect

The Province of Ontario has now introduced regulations which flesh out how the Community Benefits Charges regime, initially announced in 2019 by Bill 108, the More Homes, More Choice Act (“Bill 108”) and revised by Bill 197, the COVID-19 Economic...

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Condo amenities reopening

As the Province of Ontario continues to allow for “new” types of activities to resume, many condo Boards are considering what amenities can be reopened and, perhaps more importantly, what procedures and safeguards can be put in place to protect...

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Can condo corporations recover insurance premium increases from unit owners?

Many condo corporations have provisions in their declarations that provide that the corporation can recover an increase in the corporation’s insurance premiums from an owner who, by act or omission, caused that increase (“Premium Increase Provisions”).  Practically speaking, the use...

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Managing COVID-19 in condos

As the public response to Coronavirus (“COVID-19”) expands, it has become clear that the best course of action to reduce the risk of transmission is to practice social distancing. In addition to impacts on daily life that are quickly becoming...

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New Airbnb regulations following waterfront condo deaths

The tragic shooting that resulted in three deaths at a Waterfront Toronto Airbnb condo on January 31, 2020 has brought safety concerns associated with Airbnb rentals back into the public spotlight. The response to this issue is developing rapidly, with...

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The Amlani Decision: Recovering Compliance Costs from Unit Owners

There has been considerable debate in the condo industry since the release of the Superior Court of Justice’s decision in Amlani v. York Condominium Corporation No. 473 (“Amlani”). While some have taken the position that corporations now cannot recover the...

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Can You Restrict Rentals: A Case Study

The current consensus of most Canadian jurisdictions is that while condominiums may place restrictions on the rental of units, such as a minimum lease term, any attempt to completely restrict or place caps on the amount of units that can...

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Back to Basics: What is a Common Element Condominium Corporation?

“Back to Basics” is a new series that will appear regularly and examine common, but rarely considered, issues. The option to create different types of condominium corporations was first introduced by the Condominium Act (the “Act”) in 1998. Once the...

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Unwelcome Conduct: Key Takeaways from Friend Decision

Special thanks to Sarah DeGenova who assisted with the preparation of this article. In a recent case, the Ontario Superior Court of Justice provided guidance on the duties that Boards of Directors (“Boards”) and Property Managers have to protect workers...

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