September 26, 2017 - A recent Ontario judgment addressed a sensitive issue, namely the ability of a syndicate (in that province) to recover interest on unpaid common expenses (condo fees). The court also ruled on the reimbursement of fees resulting from legal proceedings by the unsuccessful party.
September 21, 2017 - In a recent Ontario ruling, a syndicate of co-owners has been authorized to present a request with Yahoo to unmask the author of potentially defamatory e-mails. These anonymous messages were sent to the immovable’s co-owners and occupants, under the user name « Ian Fleming ».
September 13, 2017 - The upcoming cannabis legalization is the object of a growing co-ownerships controversy. Neighborhood disturbances are likely to increase, as tobacco smoking already generates several co-owners conflicts, due to second-hand smoke migrating from one unit to another in some buildings.
Lawyer Sébastien Fiset believes that if pot is legalized for recreational purposes in Canada, the Québec Tobacco Control Act should apply. But would a syndicate succeed in prohibiting its use in the private portions of a co-ownership? Quebec case law tells us that this has already happened with smoking.
September 11, 2017 - the RGCQ urges Québec to take action to end the current "confusion" in co-ownership insurance. "For two years Minister of Justice (Stephanie Vallée) tells us that she will legislate. We hope that she will finally make a move, "said Yves Joli-Coeur, Lawyer Emeritus and general secretary of the RGCQ.
August 30, 2017 – The condo insurance consultation, held by the Ministry of Finance from July 14 to August 29, should eventually lead to major reforms in this field.
Bodies such as the Chambre de l’assurance de dommages (ChAD) (Damage Insurance Chamber), which oversee insurance brokers and agents’ work, as well as that of claims adjusters, responded to this consultation by producing a brief, filed with the Ministry of Finance. The latter will analyze the many proposals received, and take decisions that all interested parties hope will be in the best interest of all concerned.
August 28, 2017 - A violent death must be declared by an owner selling his home or condo. This information may be crucial to potential buyers who may not want to acquire a residence with a gruesome past. Not revealing it may result in a lawsuit based on the buyer’s defect of consent.
Article 1401 of the Civil Code of Québec specifies in this regard that a party's error caused by fraud vitiates consent in all cases where, otherwise, the party would not have contracted or contracted under different terms.
August 24, 2017 --- After enacting the Condominium Owners Protection Act in December 2015, Ontario recently announced an important guideline deriving therefrom. Effective November 1, 2017, all condominium (co-ownership) managers will have 90 days to apply for a license under the Condominium Management Services Act.
August 22, 2017 – The number of properties sold without the legal warranty is growing in Quebec. Without it, a buyer will not be able to exercise a recourse against his seller, should a latent defect unknown to the latter be discovered. On the other hand, if the former owner was aware of a problem, the buyer could then claim against him, because he has an obligation to declare it.
July 14, 2017 - A consultation on the subject of divided co-ownership insurance was officially launched by the Ministère des finances (Department of finances). This initiative is within the scope of the work of the Ministère de la justice (Justice Department), already in progress which will ultimately lead to the revision of Quebec co-ownership rules (legislative reform).
The said consultation "arises from the finding that the current rules are insufficient", to ensure the maintenance and protection of a portion of the built-up real estate, "and they are also a source of stress between co-owners when losses occur. The withdrawal of a major insurer (Aviva) from the Québec co-ownership insurance market, is symptomatic of the problems in this sector, reports a press release put on line by the Ministère des Finance.
July 6, 2017 - Ontario condominium legislation is far ahead of Quebec. The Condominium Owners Protection Act, 2015, substantially enhanced the Condominium Act, 1998, .It includes the creation of a condominium authority, being the equivalent of a co-ownership Board. This authority will officially enter into service on February 1, 2018.