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Pet Prohibitions in Bylaws and Rules: Are They Permitted?

*Comments on Chown v FCC 19 Are Pet Prohibitions in Condominium Bylaws and Rules Permitted? The short answer: yes, under certain circumstances. If there is a reasonable justification for a complete prohibition, it can be upheld as valid. In the recent case of FCC 19 v Chown, our firm successfully argued that a pet prohibition within a bylaw and rule was reasonable and enforceable, even…

A Condominium Corporation’s Right to Access the Units

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Understanding Condominium Access Rights In the case of Metropolitan Toronto Condominium Corporation No. 978 v. McNeil, the condominium corporation sought access to a unit to complete necessary repairs on an adjacent water riser. According to the Court’s decision, the corporation’s engineer found that the existing epoxy liner coating had failed,…

CAT Determines Conditions for Service Animal

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In the case of MTCC 993 v. Daniel Zhan, the Condominium Authority Tribunal (CAT) addressed a dispute over service animal accommodations in a pet-prohibited condominium. Despite the condominium corporation’s governing documents prohibiting pets, the Tribunal ruled that the owner, Mr. Zhan, was entitled to keep his dog as an emotional…

Condominium Corporations’ Duty to Be Honest with Owners

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In the case of Gonzales v. York Condominium Corporation No. 242, the court reaffirmed the critical duty of condominium corporations to be truthful and transparent with owners. The dispute arose when the owners of a unit challenged special assessments levied by the condominium corporation and alleged that they had not…

Anticipating the Needs of Aging Condo Communities

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Renovating for Accessibility: Easy Ways to Prioritize Inclusion in New Builds As Canada's population ages, the demand for accessible housing is growing. A national study from the Rick Hansen Foundation (RHF) found that 87% of Canadians believe accessible housing should be available to everyone, yet many condos are not designed…

Smoke and Odour Migration in a Condominium that Permits Smoking

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Condominium Authority Tribunal Decision: Kovalenko v. Romanino et al. – A Case of Smoking and Nuisance Claims In the recent decision of Kovalenko v. Romanino et al., the Condominium Authority Tribunal (CAT) addressed the issue of smoke and odour migration within a condominium building that allows smoking. The Applicant, an…