We previously highlighted the fast approaching Kitec claim deadline this past spring. Here is a final friendly reminder for condominiums in Ontario that the deadline to submit a claim form to be eligible to be included in the Kitec Settlement is 10 days away: January 9, 2020.
As 2020 approaches I find myself reflecting on the most important news, cases, and events from this past year. There were several notable decisions released this year and a few that I’m sure we would all like to forget! The hardest part of these lists is selecting only ten to speak about. Here is my list of the top ten condo lessons for 2019:
Counting Isn’t as Easy as 1, 2, 3
The Court confirmed the 10 day notice requirement for liens can be calculated by excluding the date the notice of lien is mailed and including the date of registration. Sending the notice of lien on January 21 and registering the lien on January 31 was acceptable. (Note: this is the minimum; more time is generally better). See CCC 476 v. Wong (2019). Continue reading →
We are still early into the Fall season, but there have already been a few announcements about changes coming January 1, 2020. More changes are expected to be announced, but here’s what we know so far.
Condo Authority of Ontario (CAO)
The CAO announced that it will again have a 25% reduction in its fee for the 2020-2021 year. The fee will be $0.75/month per voting unit. The annual fee was initially set at $1/month per voting unit, but the costs to operate the CAO have been less than initially projected (in part because the CAT’s jurisdiction has not been expanded as originally anticipated under the previous government).
(Note: the Government of Ontario has proposed making the CAO responsible for 19 of the prescribed forms under the Act and its regulations, including information certificates, preliminary and notice of meeting, proxy, and forms related to record requests. These changes could take effect as early as January 1, 2020. Stay tuned on this one as it hasn’t been confirmed yet!).
The Government of Ontario announced some key changes to the court system in Ontario. The changes are aimed at increasing access to justice, reducing legal costs, and making the process quicker. On January 1, 2020 we will see the following changes:
Increase in the monetary limit for Small Claims Court from $25,000 to $35,000.
Increase in the monetary limit for Simplified Procedure actions in the Superior Court of Justice from $100,000 to $200,000.
Other changes designed to reduce costs and speed up the process.
For those with claims with limitation periods expiring after January 1, 2020, you should discuss the pros and cons of commencing your actions now or waiting.
Daniel works with both the condominium management group and the condominium and subdivision development group.
Daniel is currently working with the condominium and subdivision development group on a variety of development projects with clients across Ontario including residential condominiums, commercial condominiums, condominium conversions, and subdivisions. He also chairs turnover meetings for clients’ registered condominium projects.
Recently, Daniel has been spending much of his time with the condominium management group working on borrowing by-laws for condominiums across Ontario as well as amalgamations for condominiums in Waterloo and London. The amalgamation process is time-consuming, but the goal is helping clients achieve significant cost savings within a few years following amalgamation by consolidating previously duplicated costs (ex. reserve fund studies, audited financials, AGMs, service contracts, etc.).
Daniel is involved in the Canadian Condominium Institute (CCI) especially the London and Grand River Chapters. You may have seen him recently at one of the conferences enthusiastically recruiting visitors at the firm’s booth to try the golf putting challenge. Keep an eye out for its return at a future conference!
Daniel enjoys spending time with family and friends and as most major sports seasons have now kicked off – cheering on his beloved Manchester United, Toronto Maple Leafs, and Oakland Raiders. He also loves traveling and recently had a fantastic hiking experience in Cornwall, England.
E-mail or phone.
For more information, please see the firm’s website: www.rcllp.ca
This post is a little different than most on this blog. This is the first in a new series, Get to Know the Team, where we will introduce you to the members of our condominium law team. First up is Michelle Kelly. Continue reading →
I hope you are enjoying the Summer so far. I know many of you don’t want to think about the Fall, but I wanted to remind you of some great educational opportunities and other networking events coming up in the Fall. Continue reading →
Earlier this year I posted updated statistics for the Grand River and Golden Horseshoe areas. Today, I’m focusing on Toronto and surrounding areas, including York, Peel and Durham.
As of August 8, 2017, Toronto had 2602 condominium corporations. Today, that number has grown to 2714. The last one registered is a 12 floor building with 642 units (about 180 of which appear to be parking or storage units).
As of August 8, 2017, York had 1240 condominium corporations. Today, that number is 1406! The last condominium registered has 372 units.
Peel had 1021 condominium corporations on August 8, 2017. As of today, Peel has 1054 condominium corporations. The last one registered is a mammoth with 975 units over 5 floors (in several buildings).
Finally, as of August 8, 2017, Durham had 285 condominium corporations. While it has the fewest condominium corporations, Durham continues to have impressive growth. It now has 308 condominium corporations. The last registered has 224 units.
As said in previous posts, the total number is not the number of active condominiums. Some condominiums have been terminated or amalgamated so the “real” numbers are less than those above. I understand the CAO is working on obtaining a list of the “real” number so hopefully it will be able to start releasing statistics to the public soon.
That’s it for now. Share this post and let me know what area you want statistics for next!
It seems like many years since the Ontario Superior Court of Justice entered an Order for Approval of Class Action Settlement back on November 29, 2011 and the Kitec Settlement Agreement (“Kitec Settlement”) for defective plumbing systems became effective way back on January 9, 2012.
I suppose 7 years is a long time depending on how you look at things, especially as discussions about Kitec have also seemingly faded into the background at industry events in recent years as new hot button topics such as amendments to the Condominium Act, 1998, cannabis legalization, and electronic vehicles have all arisen.
We last wrote about Kitec in March of 2017 reminding condominiums the first step should be to contact their engineer to determine if the condominium has a Kitec plumbing system, then filing a claim and/or consulting the Condominium’s lawyer. You can read the post here: https://ontcondolaw.com/2017/03/07/kitec-piping-claims/
So here again is a friendly reminder for condominiums in Ontario that the deadline to submit a claim form to be eligible to be included in the Kitec Settlement is fast approaching: January 9, 2020.
Finally, just a few key reminders about completing the claim form and providing supporting documentation to file a claim:
Complete the whole form – if sections/questions are inapplicable remember to note “N/A”
Make sure to provide copies of invoices and cancelled cheques for plumbing services . My understanding is banks can be quite slow to provide old archived cheques to the condominium so make sure to get on this request quickly.
If possible – provide a sample of a failed Kitec fitting and an engineering report to support the condominium’s claim; and
Finally, if the condominium has suffered numerous plumbing failures over the years it may be best to complete one comprehensive claim. Already made a claim but the condominium has suffered further plumbing failures? Submit a new claim. Organizational Tip: Use a spreadsheet to track the cancelled cheques and plumbing invoices to be submitted with the claim.
Our firm represents a growing number of condominiums that are units (or more commonly parcels of tied land) within larger condominium communities. Layer upon layer of condominium. The top layer is often a common elements condominium. The other layer could be high-rises, a cluster of townhouses, single-detached homes, or a combination of them all! As long as the developer complies with the requirements of the Act and its regulations (and other pieces of legislation) the condominium concept can be used in some very unique ways. Continue reading →
Today, I thought that I would do something a little different and list some of the free resources available to those with condo questions. Your condo manager might also be able to help with some questions, like where to find the declaration, by-laws and rules (note: many condominiums have websites where key documents can be obtained free of charge). Here are a few of my favourite resources:
Condominium Authority of Ontario (CAO)
The CAO is an organization (independent from the government) that aims to improve condominium living by providing resources and services. All condominiums in Ontario are obligated to file returns to the CAO with basic information about the condo, its directors and manager, and update the information when it changes. The information received by the CAO is available on the public database on its website. Continue reading →