An Ontario Condominium Court

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.

Its objective is to explain to co-owners the mechanisms characterizing condominium life and to resolve disputes between them and the director’s by the means of a court. This condominium authority will be independent but nevertheless bound by an administrative agreement with the Ontario government. It will have to publicly disclose certain information and will be monitored by the Auditor General.

Conflict resolution will be more efficient, faster, cheaper and more equitable, according to statements from the Department of Government Services and Consumer Services. The court will render enforceable decisions as binding as an order of the court. Disputes that may be resolved before this court - other than by the means of traditional justice - will be admissible, such as for example, those relating to the co-ownership bylaws in force , access to files and general meeting convening procedures.

User’s fees

An extensive public consultation is in progress in Ontario to determine the fees to be imposed on users of this condominium authority. It is foreseen to collect some $ 12 per co-ownership unit each year. A fee of $ 25 would be charged to those wishing to access the court online, in order to resolve a conflict on neutral ground. Another amount of $ 50 would be payable in the event that two parties wish to request the services of a mediator. And getting a judgment would cost $ 125.Those, in Quebec, still waiting for co-ownership legislative reform, are more than a little envious.

By François G. Cellier for

Montreal, July 6, 2017