Setting Aside An Arbitration Award for Fraud

legal case

I recently read a case about a condo arbitration. A condominium brought an application to set aside an arbitration award because of alleged fraud by the owners. The condominium started the arbitration because it believed the owners had not complied with section 98 of the Condominium Act, 1998. The arbitrator disagreed and awarded the owners $216,643.49 in costs! Continue reading

Condo Administrators


A condominium administrator is a person appointed by the court to manage the affairs of a condominium when the board is unable to properly manage the condominium in accordance with the requirements of the Condominium Act, 1998. 

According to section 131 of the Act, a condominium, owner, or mortgagee of a unit can apply to the Superior Court for an order appointing an administrator. The Act states that 120 days must have passed since the turnover meeting, but there is a case where an administrator was appointed before the turnover meeting where the developer refused to call the turnover meeting.

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My Favourite Condo Lessons of 2016


As 2017 approaches I find myself reflecting on the most important news, cases, and other events from this past year. Here are my favourite condo lessons for 2016:

10. Property Managers may be liable for errors in status certificates. The responsibility for the status certificate is normally set out in the management agreement so make sure that you are familiar with any limitations of liability and any obligations on the board to disclose information relevant to the status certificate. You can read the most recent case here and the costs award here.

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Property manager charged with defrauding 13 condos in Hamilton and Burlington

Another case of alleged fraud and theft from Ontario condominiums was recently reported. According to the article, a property manager operating out of Burlington has been charged with defrauding 13 condominiums in Hamilton and Burlington. Police allege that he forged invoices, charged the condominiums for work not completed, and moved assets from the condominiums accounts to his own. The specific charges include defrauding the public, seven counts of fraud over $5,000, three counts of laundering proceeds of crime, 11 counts of uttering forged documents and two counts of possession of proceeds of crime.

More articles here, here, and here.