THE VOICE OF CONDOMINIUM - CCI · THE VOICE OF CONDOMINIUM The Growth of ... RCM, ACCI, CIM, ARM...

2 5 T H A N N I V E R S A R Y

T H E V O I C E O F C O N D O M I N I U M

The Growth ofthe CanadianCondo Market

The Growth ofthe CanadianCondo Market

THE NEWSLETTER OF THE CANADIAN CONDOMINIUM INSTITUTE/INSTITUT CANADIEN DES CONDOMINIUMS

N AT I O N A L E D I T I O N / S P R I N G 2 0 07

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inside this issue

3

Message from the President4

The Growth of the Canadian Condo Market5

Condominio 78

6

Nova Scotia’s Condominium Market6

CCI Connects With Big Government7

Condo Cases across Canada11

Chapter Chatter

2006/2007 Board of Directors

ChairmanJohn D. Peart, B.Sc., LL.B., CFP, ACCI, FCCILow, Murchison LLP, Ottawa, ON

PresidentCharlie L. Oliver, B.Comm., CCIMMartek Morgan Finch Inc., St. John’s, NF

Vice-PresidentJamie A. Bleay, LL.B.Access Law Group, Vancouver, BC

SecretaryJanice Pynn, RCM, ARP, ACCI, FCCISimerra Property Management Inc., Toronto, ON

TreasurerPeter K. Harris, C.A., ACCIHarris Chong & Crewe, LLP, Toronto, ON

BOARD OF DIRECTORSMary Barber-Villeneuve, B.A., CCI (Hon’s)Ottawa, ONPatrick I. Cassidy, Q.C., LL.B., M.T.S., ACCI, FCCICassidy, Nearing, Berryman, Halifax, NSGina Cody, M.Eng. Ph.D., P.Eng., ACCI, FCCI Construction Control, Woodbridge, ON

Kim Coulter, B.Tech. (Arch.Sc.), ACCICoulter Building Consultants Ltd, Burlington, ONRonald Danks, B.A., LL.B., ACCI, FCCI Simpson, Wigle LLP, Hamilton, ONPatricia (Patsy) Ernst, B.A., CCI (Hon’s)Halifax, NS

Michele Farley, CCI (Hon’s)FCS Fire Consulting Services Ltd., Innisfil, ONRob Giesbrecht, LL.B., ACCI, FCCIPITBLADO LLP, Winnipeg, MBLarry Holmes, RCM, ACCI, CIM, ARMLarlyn Property Management Ltd, London, ONDeborah Howes, LL.B., C.Aarb., C.Med., ACCI, FCCIHigh Clouds Incorporated, Edmonton, ABBill JeffrayRenfrew Thompson Insurance Ltd., Calgary, ABPeter Leong, P.Eng., ACCI, FCCIGENIVAR Ontario Inc., Toronto, ONJim MacKenzie, MBA, DAA, FCIP (Hons)Dusyk & Barlow Insurance Brokers Ltd, Regina, SK

Paul MullerKamlodge Services Ltd., Thunder Bay, ONGeoffrey Penney, B.A., LL.BWhite, Ottenheimer & Baker, St. John's, NL

Donald J. Peter, CIM, P.Mgr., CMMDonald J. Peter & Associates Inc., London, ONDouglas G. SteenSteen Property Management, Thunder Bay, ONChetan Thakore, B.A., B.Comm.Suncorp Valuations Ltd., Saskatoon, SKAndrea M. Thielk, B.A., LL.B., JD, ACCIClarks Barristers & Solicitors, Windsor, ONEvelyn Thompson, ACCIRancho Realty (1975) Ltd., Calgary, ABBen Van de Walle, B.A.Van de Walle & Associates, St. Albert, AB

NATIONAL OFFICEExecutive DirectorF. Diane Gaunt2175 Sheppard Ave. E., Ste. 310, Toronto, ON M2J 1W8

Assistant AdministratorJill Forsythe, B.A.

© Canadian Condominium Institute, 20012175 Sheppard Avenue East, Suite 310, Toronto, ON M2J 1W8 [email protected]

* CCI is a government registered trademark

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C C I R E V I E W | S P R I N G 2 0 0 7 | 3

It’s been an interesting and active threemonths. As we have been experiencing arelatively mild winter, till recently, muchhas been happening at CCI. We arepleased to announce and to show you ourbanner with the new CCI logo. In prepar-ing ourselves to enter our 25th year, are-branding has been completed. This

logo, which we shall be formally adopting on July 1… Cana-da Day… is being introduced here and on our website overthe coming months. Our web re-design is nearing comple-tion. It will then move through the process of reconstruction,leading, we hope, to a more user-friendly version. We trustour new identity will be reflective of our Canadian perspectivein the condominium industry.

We have, as well, spent time meeting and discussing theCondominium industry with Government, industry andCMHC.

In February, we visited with the Hon. Loyola Hearn, represen-tatives of CMHC and have spoken with Genworth FinancialInc. (see related articles inside). The intent of these meet-ings/conversations was to move condominiums to a new levelof awareness. It was also a part of our strategy to pursue infor-mation and data make-up of condominium units in majorcenters and for Canada as a whole. The Genworth conversa-tion and CMHC meeting were very beneficial in providing us

with current data on the condominium industry. Many will besurprised and excited at the volume, inventory and projectionsfor activity in the leasing and construction of condominiumunits.

Needless to say, we are truly in a growth industry. The signifi-cance of condominium-living as a lifestyle is well imbedded inthe fabric of Canadian housing. As CCI, our role is to contin-ue to work with our Chapters and our members delivering thesupport, education and common voice to enhance the stabili-ty of this industry in its many facets.

I invite you to read the articles contained herein. I againremind you to visit our forum on the website. It has grownsince inception. As we transform our site, we shall make fur-ther modifications to the forum, possibly rename it, making itmore subject-friendly.

On behalf of our Executive and our Board of Directors, wethank you for your continued support. We are active on manymore fronts than I can mention here. Suffice it to say, our com-mittees are focused and hard at work. As a transition year, wehope to move ourselves and our projects more to the fore-front.

Regina is the location of our semi-annual meetings. I look for-ward to meeting many of your there where we can discussface-to-face any ideas and suggestions you may have.

BY C HAR LI E O LIVE R, C C I NATI O NAL P R E S I D E NT

Message from the PresidentCHARLIE OLIVER

CCI-NationalE-mail: [email protected]: www.cci.ca

CCI-Vancouver Email: [email protected]: www.cci.ca/Vancouver

CCI-North Alberta ChapterEmail: [email protected]: www.cci-north.ab.ca

CCI-South Alberta ChapterEmail: [email protected]: www.cci-south.ab.ca

CI-North SaskatchewanEmail: [email protected]

CCI-South SaskatchewanEmail: [email protected]: www.cci.ca/ssc

CCI-ManitobaEmail: [email protected]: www.cci.ca/Manitoba

CCI-Toronto & AreaEmail: [email protected]: www.ccitoronto.org

CCI-Huronia Email: [email protected]: www.cci.ca/Huronia

CCI-London & AreaEmail: [email protected]: www.cci-sw.on.ca

CCI-OttawaEmail: [email protected]: www.cci.ca/ottawa

CCI-Golden HorseshoeEmail: [email protected]: www.ghccci.org

CCI-Windsor-Essex CountyEmail: [email protected]: www.cci.ca/Windsor

CCI-Northwestern OntarioEmail: [email protected]

CCI-Nova ScotiaEmail: [email protected]: www.cciatlantic.ca

CCI-Newfoundland & LabradorEmail: [email protected]

CCI National Chapter Contacts

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Table 1Condominium Apartment Statistics

Selected Cities

Location Starts Condo as a % of starts2004 2005 2006 1992 2011

Ottawa CMA* 2,259 1,219 1,646 7 19Edmonton CMA 3,317 4,256 4,539 14 37Montreal CMA 10,053 8,758 7,219 21 44Toronto GTA 14,022 16,178 15,432 5 38Calgary CMA 4,558 4,112 5,226 8 38Vancouver CMA 12,647 13,084 12,419 48 73

Total 46,856 47,607 46,481

The Growth of theCanadian Condo Market

BY C HAR LI E O LIVE R, C C I NATI O NAL P R E S I D E NT

The Condominium industry has beengrowing at a rapid pace over the pastfew years and has no signs of slowingdown. Recently, there have been tworeports completed and presented to themarketplace.

The first report, being the MetropolitanCondo Outlook Winter 2007, has beencompiled and released by GenworthFinancial Canada in conjunction withThe Conference Board of Canada. Thisreport analysed 6 of the largest CensusMetropolitan Areas (CMA’s) in Canada.Its findings validate the historic and projected growth of condominium apart-ments providing commentary on thestarts, absorption and future trends inthe industry. Table 1 provides a summa-ry of some of the more interesting dataprovided. Needless to say, at a glance,one can appreciate the growth andimpact the condominium market is hav-ing in these centers. This report can beaccessed through the Genworth website at. http://www.genworth.ca/mi/eng/misc_pages/housing_reports.html

In conversations with Genworth Presi-dent and CEO, Peter Vukanovich, heconfirms their belief in the strength ofthe condominium sector in the marketsstudied and a growing strength through-out the rest of Canada. Surprisingly, indications are that the inventory of units

is continuing to be absorbed as reflect-ed by the data compiled.

Secondly, CMHC has released itsRental Market Reports, December2006. In this version, CMHC hasadded a section on the CondominiumMarketplace. The focus in these reportsis the rental apartment-styled condo-minium units. It provides statistics onthe inventory and then distribution ofthese numbers between the total uni-verse of apartment-styled units andthose in the rental market. It does not,we caution, include data on the town-

house or row styled condominium pro-jects.

Bob Dugan, Chief Economist, and Harry Mulder, Manager Business Infor-mation Technology, with CMHC metwith representatives of CCI early in Feb-ruary. They explained that CMHC iskeenly interested in monitoring the con-dominium apartment market as it is agrowing segment of the rental universe.The tables forming part of the MarketReports provide detail on the characterof this market.

Table 2 provides a summary of the inven-tory in the centers studied. Thesereports can be accessed through theCMHC web site: Google ‘CMHC OrderDesk’; on left hand column select ‘Hous-ing Market Information’; and then ‘RentalMarket Reports – Major Centres.’.

The condominium market, as can beseen from these numbers, continues asa significant component of the newhome market and in the lifestyle choiceof Canadians.

CCI will continue to communicate withGenworth, CMHC and Statistics Cana-da keeping the importance of relateddata on our combined agendas.

* only the Ontario portion of Ottawa-Gatineau CMA

Source: Genworth Financial Canada Metropolitan Condo Outlook Winter 2007 in conjunction with TheConference Board of Canada citing as additional sources CMHC and Statistics Canada

Table 2Condominium Apartment Universe

Selected Cities

Location # units

Ottawa CMA* 19,483Edmonton CMA 22,319Montreal CMA 82,275Toronto GTA 212,753Calgary CMA 26,689Vancouver CMA 130,177

Total 493,696

* only the Ontario portion of Ottawa-Gatineau CMA

Source: CMHC Rental Market Reports, December,2006

Left to Right: Larry Holmes, John Peart, LoyolaHearn and Charlie Oliver.

interest only mortgages. The perfectbreeding ground for condominium.Every city I am in displays the same vari-ables and the same assurance this worldof condominium will exist and flourishlong after we are all gone. Yes folks onthe 25th anniversary of CCI, I am fore-casting condominium immortality.

Condominium has become internationalin structure and nomenclature, as theword ‘condominium’ is similar in differ-ent languages. This is shown in thepicture of Condominio 78 I captured inRome. Truly no different than Condo-minium Corporation No 78 in any otherjurisdiction or language. Regardless ofthe language the problems of living incommunity are the same and the needfor CCI as the solution provider thesame. Anyone for starting an Italian CCIChapter?

Thank you for the opportunity of experi-encing this wonderful world andmeeting many of you over the last 25years. I doubt I will be involved for 25more but many of you will be. Accept thepassed torch and work for the better-ment of condominium everywhere, inevery language and every culture.

CONDOMINIO 78

P AT R I C K I . C A S S I D Y , Q . C . , A C C I , F C C I


The role of CCI both nationally and local-ly has also evolved but we have not andcannot lose sight of our core values ofeducation and lobbying. Only througheducation can we attempt to ease themelt down of the 3P’s. Only through lob-bying can we bring in further reforms to

ease the solution of the meltdowns. Onlythrough the partnership of CCI and allsector of condominium interest can weensure our future development will bepositive for condominium.

In 2006 I was fortunate to travel to Ire-land, San Francisco and Italy forbusiness and pleasure. Every trip ofmine, as my children long ago learnt,involves a review of the local condo mar-ket and trends. In all three places Iwitnessed continued urban growth,entry level housing prices averaging$750,000.00 CDN and 30 to 40 year

Twenty-five years ago I was called to theBar in Nova Scotia on January 19th,1982. Little did I know I was about todiscover something called a condomini-um and it would slowly but seductivelytake over my legal practice, my volunteerlife and to a large degree my personallife. Also in 1982 I was a founding mem-ber of the Nova Scotia CondominiumAssociation that would evolve into firstthe Atlantic Chapter and then the NovaScotia Chapter of CCI. Happy 25thAnniversary to CCI National and CCINova Scotia, may they never end!

In twenty-five years I have seen condo-minium evolve from a curiosity to thepredominant housing product anddevelopment product in Canada. OftenI am asked when will the condominiumbubble burst. My response is – we arejust getting started. As our urban densi-ty increases, single family housingbecomes space and cost prohibitive. Ina rural setting condominium is becom-ing the cottage development of choice.Typical cottage concerns of security,insurance and maintenance are solvedby the condominium model. The archaicmodel of subdivision is being replacedby bare land condominium and the pos-sibilities are limited by our own creativity.Dream large!

Our industry is responding to this growthby becoming more innovative in projectdesign, in legislative and condominiumcommunity infrastructure and even insectors such as furniture, window cover-ings and flooring designs. Truly a differentworld then seen in 1982. Although wehave made amazing improvements thecentral issues of living in community stillexist. The 3P’s of people, parking andpets continue to provide the greatestchallenges to our owners, Boards, man-agers and lawyers. The more we evolvethe more we stay the same.

Often I am asked whenwill the condominium

bubble burst. Myresponse is - we arejust getting started.


The Condominium market in NovaScotia is alive and well. Constructioncontinues with new developmentsbeing built in many centres all over theprovince. Developers are designingunits with the new buyer in mind. Neverbefore in our market has there beensuch a variety of style and location toplease today’s buyer. Empty nesters aredriving sales in new developmentsdesigned to suit the lifestyle of couplesmoving out of the family home. Theywant a more carefree, no maintenanceway of living that allows them to traveland forget house worries. The develop-ments that were built in the late 1980’sand early 90’s are now attractive tomany first time buyers and singles andin many cases represent the entry levelmarket in price range.

The Canadian Condominium Institute(CCI) Nova Scotia Chapter can anddoes play an important role in thecondo community. We offer educationseminars for owners who may want tobecome involved in the management oftheir buildings by serving on the Boardof Directors, seminars on dealing withdifficult people, seminars on ReserveFund studies and all aspects of condomanagement. We are the only non-prof-it organization devoted exclusively tomembers of the condo communityincluding owners, directors and serviceproviders such as Realtors, propertymanagers, landscaping companies.

CCI also can act as an advocacy groupfor changes in legislation governingcondominium. Currently CCI-NS is

forming a committee to address thenumerous cries for help from owners ofnew developments who inherit prob-lems the developer left behind.

The future of condominium ownership issolid but as in all areas of life not withouta few bumps along the road. Educatingoneself on the largest single purchasemost people make in their lifetime is thefirst step to minimizing your risk. Look fora well respected developer if buyingnew, choose a well managed existingdevelopment if buying ‘used’ and pick acompetent Realtor to represent youwhen you purchase or sell.

Nova Scotia’sCondominium Market

N O R M A C A M E R O N , P R E S I D E N T O F C C I N O V A S C O T I A

CCI Connects With Big Government

CCI National met with Federal Minister Loyola Hearn in early February. Charlie Oliver, JohnPeart and Larry Holmes engaged in discussion with the Honourable Minister providingbackground on CCI, the importance of condominiums in Canada and the reality that theindustry is growing considerably. Given the significant growth of new construction andconversions in the industry, the Minister was supportive of the efforts being made by CCIin its role of education and awareness building.

“We recognize the significant impact the condominium lifestyle is having in our larger citiesand across Canada. It is additionally creating the opportunity for homeownership for bothnew home buyers and the elderly that comfortably addresses their varied needs of whichaffordability and security come quickly to mind” says Loyola Hearn.

Charlie added that “CCI appreciates the warm reception from the Minister as well as his genuine interestin our mandate of representing condominium owners across Canada.”

CCI National has undertaken to meet annually with representatives of the Federal Government, CMHCand other agencies from time to time that have influence in our industry.

Loyola Hearn


Condo Casesacross Canada

I have been asked, and it is my pleasure, to provide these brief

summaries of recent court decisions across Canada, respecting

condominium matters. I don’t provide summaries of every decision rendered.

I select a handful of decisions that I hope readers will find interesting.

I hope readers enjoy this regular column of the CCI Review.

I S S U E N O . 1 6

Kluwak v. Pasternak (OntarioSuperior Court of Justice)(December 11, 2006)

[Editorial Note: This Court decision doesnot deal with a condominium corpora-tion. It deals with a publicly traded realestate investment company.Nevertheless, I believe that the principlesexpressed in this decision have equalapplication in the condominium setting.]

Griffin is a publicly traded real estateinvestment company. Kluwak was one ofa number of dissident shareholders whowere concerned about Griffin’s strategicdirection and management. They wageda campaign to obtain proxy votes in orderto oust the existing Board. The dissidentgroup sent circulars to all shareholders,in order to solicit their proxy votes.

The dissident Group was able to obtainthe votes required to change the Board.However, Pasternak (the incumbent direc-tor and Chairman of the Board, whochaired the AGM) rejected the proxyvotes, on the basis of legal advice. TheCorporation’s lawyer advised that theproxy votes should be rejected becausethe circulars were misleading. As a result,the incumbent Board was re-elected.

Kluwak made application to Court to setaside the election and to have the proxiesaccepted.

The Court agreed that the circulars dis-tributed by the dissident owners weremisleading in many material respects.The circulars contained missing or mis-stated facts that would be consideredimportant by a reasonable shareholder (indeciding how to vote). Therefore, theproxy votes were unreliable. However, the

Court said that the proper remedy wouldbe to delay the election until there hadbeen an opportunity to correct the mis-leading circulars. The Court said:“I am concerned that management raisedno concerns with the dissident proxy cir-cular prior to the AGM… It was manifest-ly unfair to ‘wait in the weeds’ until themeeting itself to raise the objections. Abetter course would have been to requestthe dissidents to correct their circular andadjourn the AGM if necessary, or to applyto the Court for a determination ofwhether the proxy was materially mislead-ing, and, if it was, to give an opportunity tothe dissident group to correct it.”

The Court accordingly declared that theelection was invalid and ordered a newelection to be held at a new AGM. TheCourt ordered that the AGM be held at adate that would give sufficient time forthe dissident group to correct the mater-ial misstatements in the dissidents’ proxycircular, and for management to amendits own management circular if desired,and have both disseminated to the share-holders. In the event of continuing dis-putes about the information disseminatedto shareholders, the parties could returnto the Court for further direction.

THE HOT TOPIC: PROXY SOLICITATIONS MUST NOT BE MISLEADING

BY J A M E S D AV I D S O N , L L . B . , A C C I , F C C I

N E L L I G A N O ’ B R I E N PAY N E , OT TAWA


ous communications with the condomini-um corporation about various issues. Mr.Adam felt that that the condominium cor-poration had not properly responded to hisrequests to see records, and as a result hehad brought a claim in Small Claims Court,seeking a penalty of $500 from the con-dominium corporation (pursuant toSection 55 of the Condominium Act,1998). The condominium corporation feltthat Mr. Adam’s numerous requests anddemands were “oppressive”.

The parties were able to reach an agree-ment respecting certain matters whichthe Court described as a “protocol pur-suant to which the parties would exercisetheir rights and fulfill their respectiveobligations as condominium unit ownerand condominium corporation”.

However, the Court was asked to rule onthree issues respecting which the partiescould not reach agreement:

1. The condominium corporation soughtan order prohibiting Mr. Adam fromcommunicating with the condomini-um’s directors except by letter.

2. The condominium corporation soughtan order prohibiting Mr. Adam fromcommunicating with third parties con-cerning the condominium.

3. Mr. Adam sought an order that he bepermitted to make copies of condo-minium documents using his ownscanner.

The Court declined to make any of theseorders.

The Court’s decision included the following:

• Although Mr. Adam’s behaviour wasannoying and at times ill mannered, andalthough his suggestions were some-times unreasonable, his conduct wasnot oppressive.

• The condominium corporation’s actionswere also not oppressive.

• The photocopying charges demandedby the condominium corporation were“de minimus” (too small to be of con-cern to the Court).

• The right of Mr. Adam to see the corpo-ration’s records – i.e. whether or not thecondominium corporation had failed tomeet those rights – would be deter-mined by the Small Claims Court.[However, the Court did say this much:

[Editorial CommentThe Relevance for Condominiums

These sorts of situations are not uncom-mon in the condominium setting. A groupof owners may be unhappy with theincumbent Board and may send circularsto all owners as part of a campaign togather proxy votes (in order to oust theBoard). The Kluwak v. Pasternak deci-sion tells us that careful steps may berequired if the distributed circulars areconsidered misleading. In particular,steps should be taken, without delay, tocorrect the misleading statements. Thesesteps could include the following:

• The incumbent Board should contactthe dissident group of owners, in orderto point out the misleading statements,and to afford those owners an opportu-nity to correct those statements by wayof further circulars to all owners.

• The incumbent Board may distribute itsown “correcting circulars”.

• In extreme cases, it may be appropriateto seek direction from the Courts.

In the meantime, any election should bedelayed until such time as all ownershave received complete and accurateinformation as necessary to allow theowners to make proper, informed deci-sions about how to vote.]

ONTARIO CASESBahadoor v. York CondominiumCorporation No. 82 (OntarioSuperior Court of Justice)(December 4, 2006)Mandate of administrator suspended

An administrator had been appointed togovern the affairs of the condominiumcorporation. See Condo Cases AcrossCanada, Issue No. 10, May 2005).During the administrator’s mandate, ameeting of owners was held to elect anew board of directors. The owners alsovoted overwhelmingly in favour of termi-nating the mandate of the administrator.Following the meeting, some of the own-ers made application to the Court for anOrder approving the election of the newboard and discharging the administrator. The Court ordered that the mandate of

the administrator be suspended and thatgovernance of the condominium corpora-tion should be turned over to the newlyelected board on an interim basis, subjectto further reporting requirements andCourt review. The new board would haveto satisfy the Court that it had established“realistic and achievable plans” toaddress the challenges faced by the con-dominium corporation. The Court wouldreview such plans on January 31, 2007. Atthat time, the Court would decide whetheror not to reinstate the administrator.

The Court said: “It is time for this newboard to demonstrate that it can provide(realistic leadership for the condominium)”.

[Editorial Comment: One factor that particular-ly impressed the Court was that the new boardhad secured advisory services of an experi-enced condominium manager. This helped per-suade the Court that the newly elected boardshould be given a chance to take on control ofthe condominium corporation.]

York Condominium Corporation No.382 v. Jay-M Holdings Ltd. (OntarioCourt of Appeal) (January 29, 2007)Limitation period had not expired

The condominium corporation appealedfrom an Order dismissing its buildingdeficiency action on the grounds that thelimitation period under Ontario’s newLimitations Act had expired. The lowerCourt had said that the ultimate 15-yearlimitation, under the Limitations Act, hadexpired.

The Court of Appeal reversed the lowerCourt decision. The Order dismissing theaction was set aside. The Court ofAppeal said that if the basis for claim wasnot discovered until after January 1, 2004(the date of arrival of the new LimitationsAct), but the act or omission took placebefore that date, the 15-year new ulti-mate limitation period started to run onJanuary 1, 2004.

Metropolitan Toronto CondominiumCorporation No. 551 v. Adam(Ontario Superior Court of Justice)(December 5, 2006)Owner’s numerous demands notconsidered oppressive. Owner notrequired to disclose reasons forrequesting information.

An owner, Mani Adam, had made variousrequests for records and also had numer-


A condominium corporation cannotrequire the person to disclose his rea-sons for requesting information or forseeking to see the records.] [Editorialcomment: According to Section 55(3)of the Condominium Act, 1998, con-dominium owners may inspect the cor-poration’s records (apart from recordslisted in Section 55(4)) “for all purposesreasonably related to the purposes ofthis Act”. Therefore, it seems to me thatthe purposes or reasons for the desiredinspection are relevant and that the con-dominium corporation should accord-ingly be able to ask the owner to dis-close those purposes.]

ALBERTA CASESMurkute v. Owners CondominiumPlan 8210034 (Alberta Court ofAppeal) (October 30, 2006)Condominium Corporation fulfilledits duty as occupier

The Trial Court had dismissed the plain-tiff’s claim for damages due to a slip andfall while on the common elements of thecondominium corporation. The Court ofAppeal affirmed the trial Court decision.

The Court of Appeal confirmed that thecondominium corporation was occupierof the common elements and according-ly owed a duty to take reasonable care tosee that persons using the common ele-ments were reasonably safe. The Courtof Appeal said that the condominium cor-poration had reasonably fulfilled itsresponsibility by contracting with a com-petent maintenance firm to keep the com-mon areas free from ice and snow. TheCourt found that the contracting firm hadreasonably discharged its duties. Thatbeing the case, the condominium corpo-ration could not be found negligent, andthere was no need to consider the appli-cation of Section 11(1) of the Occupier’sLiability Act.

Condominium No. 822 2630 v.Danray Alberta Ltd. (Alberta Courtof Appeal) (January 22, 2007)Court of Appeal finds no breach offiduciary duties

The Trial Court decision (see CondoCases Across Canada, Issue No.11,

August 2005) was reversed by theAlberta Court of Appeal. The Court ofAppeal found that there was no breach offiduciary duty by Danray Alberta Limitedor Danny Taran. The Court’s reasonswere as follows:

• Neither Danray nor Taran could be con-sidered owner-developers, and there-fore they did not owe the fiduciaryduties that come with such a role.

• There was, in any event, no statutoryduty to establish a reserve fund. In theabsence of a statutory requirement, anowner/developer does not owe a fidu-ciary obligation to establish a reservefund sufficient to pay future capitalreplacements.

• The individual purchasers had boughton an “as it stands” basis. They wereadvised of the correct amount in thereserve fund and there was no basis forany understanding that Danray or Taranwould act on their behalf in ensuringthat the reserve fund was adequate.

• Taran did not breach his fiduciary oblig-ations to the corporation as a director.He acted honestly and in good faith,while on the board, and there was nostatutory obligation on him to maintain areserve fund. Furthermore, Taran wasnot in a conflict of interest.

• Newco was the beneficial owner of theproperty and was the party actually sell-ing the condominiums to the public. Ifany fiduciary duty could be owed, it wasowed by Newco.

Condominium Plan 0122336 v.Shivji et al (Provincial Court ofAlberta) (January 10, 2007)Condominium corporation obliga-tion to arrange insurance does notrender corporation responsible fordeductible

Damage was caused to two units in thecondominium because of water escapefrom a frozen pipe. The pipe had frozenbecause the tenants in one of the unitshad negligently turned the thermostatdown to “zero”. The corporation hadarranged insurance but the amount of thedamage was below the insurancedeductible of $25,000.

The Court said that the condominium cor-poration had properly fulfilled its insur-ance responsibilities. The deductible was

not unreasonable. The question was:Who was responsible for the deductible?The Court said: “A determination mustflow from the by-laws”. In this case, the by-laws were silent as to responsibility for thedeductible.

However, under the terms of the by-laws,the owners were responsible for repairsto the units. Therefore, the owners wereresponsible for any required repairs fallingwithin the deductible. The Court said thatthe condominium corporation is not an“insurer for the deductible”, unless the by-laws so provide.

Condominium Corporation No.9813678 v. Statesman Corp.(Alberta Court of Queen’s Bench)(December 7, 2006)No waiver of subrogation againstdeveloper unit owner (for stepstaken in capacity as a contractor)

The condominium buildings were dam-aged by fire. The damage was covered byinsurance. The insurer then sought toassert a subrogated claim against thedeveloper, based upon the allegation thatthe cause of the fire was negligenceassociated with the use of a propanetorch by an employee of a waterproofingcompany subcontracted by the develop-er to provide construction services.

The insurance policy included waivers ofsubrogation against various entitiesincluding the unit owners. The developerowned units and accordingly assertedthat it was entitled to the benefit of thewaivers of subrogation.

The Court said that the reference to con-dominium unit owners, in the waivers ofsubrogation, did not include the develop-er “in its capacity as a contractor”.Condominium corporations were capa-ble of bringing actions against owners inthe condominium. Therefore the insurercould assert a subrogated claim, unlessthis was prevented by a waiver of subro-gation. In this case, the waiver of subro-gation did not apply to the developer inits role as a contractor and the developeralso was not an insured under the policyin relation to its construction activities.

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BC CASESStrata Plan VR 2000 v. Grabarczyk(British Columbia Supreme Court)(January 23, 2007)

Owner in breach of noise by-laws.But fines reduced.

The Court found that the respondentowner had contravened the strata corpo-ration’s noise by-law by deliberately andrepeatedly making loud noises highly dis-ruptive to another owner. The Court didnot find the respondent’s explanations tobe believable.

The fines claimed by the condominiumcorporation were reduced because theCourt found that many of the respon-dent’s contraventions of the noise by-lawwere separate or distinct contraventions– as opposed to “continuing” contraven-tions within the meaning of Section134(3) of the Strata Properties Act. TheCourt accordingly found that many of thefines had not been properly imposedbecause the respondent had notreceived particulars of the complaint in

writing and a reasonable opportunity toanswer the complaint before the fine wasimposed.

Sauve v. McKeage (B.C. SupremeCourt) (May 24, 2006)

Truck not “stored” on Strata Lot.But No costs awarded to strata cor-poration because case of “publicinterest”

The plaintiff and the defendant are own-ers of adjoining strata lots. The statutorybuilding scheme prevented trucks over1/2 ton from being “stored” on a lot otherthan in an enclosed garage or other suit-able enclosed space. The defendant wasemployed by an electrical utility company.His duties included a call schedule whichrequired that he park a large truck (morethan 1/2 ton) in the driveway of his stratalot for eight weeks per year.

The Court found that this did not consti-tute “storage” of the truck and accord-ingly did not offend the building scheme.The Court also found that the truck didnot constitute a nuisance.

Although the strata corporation was alsoincluded as a respondent to the applica-tion, the Court declined to award anycosts to the strata corporation because“this case approaches a public interestkind of a case, where the interest of theplaintiff is not solely limited to her privateinterest but can be seen as representa-tive of the interests of others”.

C C I R E V I E W | S P R I N G 2 0 0 7 | 1 1

chapter CHATTE R

The Toronto chapter is pleased to announce that Brian Horlickwas elected to the Toronto chapter Board of Directors at theAnnual General Meeting held on November 23rd, 2006. Brian isa lawyer with the firm Horlick Levitt and has been involved withCCI Toronto for a number of years as a course instructor andconference presenter/sponsor. Brian will serve on the PublicRelations Committee helping to oversee the production of theCondoVoice quarterly magazine.

Recognition was also recently given to Manhatten Place for theirnewsletter in CCI-Toronto’s “Condominium CorporationNewsletter of the Year Award” contest. Numerous directors onthe Newsletter Committee of Manhatten Place, were on hand atthe chapter Annual General Meeting on November 23rd toreceive their award.

Congratulations go out to John Oakes for receiving the FCCIdesignation, making him a Fellow of the Institute. John receivedthis recognition recently at the CCI National Awards DinnerCeremonies, held on November 3rd and is a very deserving

recipient. John is an active member of the chapter, presenting atthe Basic Course and Annual Conferences as well as represent-ing the chapter on several recent legislative matters.

The CCI-Toronto Legislative Committee teamed with ACMO andthe support of other Ontario CCI chapters continues to meetwith the Ministry of Energy regarding the draft regulations onSmart Metering. It is hoped that these joint efforts will result infinal Regulations which address the needs and unique circum-stances of condominiums throughout Ontario.

The spring of 2006 is looking to be another busy season for CCIToronto. The chapter will once again participate in Springfest tobe held on April 13th, 2007, with both an exhibit booth in theTrade Fair as well as an Educational Session. The Basic coursewas held on Wednesday evenings from February 21st to April4th and registrations are now being accepted for the four-nightAdvanced Course being held on Tuesdays commencing May 8th.

Lynn Morrovat, CCI-Toronto and Area Chapter Administrator

We’ve had a busy few months here in Regina. First off, our presi-dent Norbert Lepage was forced to resign due to a heart attack.He is doing fine and recovering nicely but has chosen to lessenhis activity and remain off the board. I (Jim MacKenzie) haveassumed the presidency, a little sooner than I was planning, but sofar, so good!

Cam Dupuis of CMHC spoke to us about mold and humidityproblems in residences at our educational seminar on November14. The discussion was lively and interesting and I personallylearned a lot about the subject.

On January 9 I led a seminar about directors’ and officers’ liabilityfor condominium boards. I taught the audience about what theduties and exposures are and how to insure against them. Lots ofgood questions were asked. I hope to present this seminar againin the future.

By the time you read this, our February 13 seminar will have hap-pened – the topic was “Our Condo Has a Problem!” It’s the firstin a series of many less formal discussions on what sorts of prob-lems condo boards in south Saskatchewan are facing and thesolutions they have found.

On March 13 we’ll be holding “Are Your By-Laws Enforceable?”Lawyer Jamie Nykolaishen of Robertson Stromberg andMadeleine Robertson of Saskatchewan Justice will be presenting.

Madeleine is the chief architect of the SaskatchewanCondominium Property Act and always has interesting things tosay. Jamie is on our board and will be discussing some of thepractical legal implications of by-laws.

On April 10 Charles Keple will be leading a discussion that fol-lows nicely from the by-laws seminar. How precisely do condo-minium boards define what is permitted and decide what is rea-sonable? What kinds of restrictions about outdoor green spacesand exteriors are reasonable? Charles’ condominium board hasbeen very successful at coming up with a reasonable balancebetween maximizing property values and giving unit owners somefreedom. Charles will discuss some of the practicalities of dealingwith these conflicting goals.

Finally, in May our chapter is hosting the annual SpringConference for CCI National. The board and committees will meeton May 24. On May 25, the first of two national Human RightsSymposia will be held. We have an excellent lineup of speakersand I’m excited to see how the day unfolds. On May 26 we will beholding our second Condominium Conference of the year. Wehave already lined up seminars discussing legal issues surround-ing condominiums, and the art of community-building. Please con-tact our chapter for more information. We are sincerely looking for-ward to seeing you at the Ramada Regina in May.

Jim MacKenzie, President, CCI South Saskatchewan Chapter

To r o n t o C h a p t e r

S o u t h S a s k a t c h e w a n C h a p t e r


chapter CHATTE R

N o r t h A l b e r t a C h a p t e r

At CCI-North Alberta chapter, it is back to business after a veryhectic holiday season and now we are plotting and planning forthe joint 25th anniversary of both CCI National and our very ownchapter.

Committees have been struck to work on the celebration andone of the very much anticipated events is headed up by BenVan De Walle who will coordinate the event throughout the yearand is scheduled to cumulate at our Annual General meetingthis September 2007.

The committee responsible for the magazine which is chaired byKen Wall has done a vast amount of work and already we cansee a major improvement in our current edition of the In Sitemagazine and I am told that there are more improvements tocome with the special Silver Anniversary edition.

Since my last report, we have had two CM100 courses whichwere very well attended and the feedback from attendees werenothing but wonderful. Enforcing and Writing By-Laws in PlainLanguage was also a success. Emil Schreiber who isEducation Chair has said that these Hot Topic seminars aremajor crowd pleasers and the Education Committee strive tohave more in future.

We are also planning our strategy for the CanadianCondominium Institute 2007 Symposium scheduled for May 252007 in Regina. The plan is that most of the members of theBoard will be attending along with others from our membership.

We have just received the resignation from our AdministratorNatalie Hingley. She will be missed and we wish her nothing butsuccess in her new position with her new endeavors…and herewe go again…the interviewing process is in full swing.

That is all from CCI North Alberta and I wish you all great suc-cess in your chapters as we have enjoyed in our chapter over thepast year.

Marva Carter, President, CCI North Alberta Chapter

The Board held its annual all-day planning session in earlyJanuary to plan our future events. For 2007, these include:

• Level 100 Directors course in Burlington on April 21st and inKitchener on April 28th

• Our “Energy Matters” seminar in Burlington, the evening ofJune 21st.

• Level 200 Directors course in Burlington on October 13thand 20th and in Kitchener on October 20th and 27th

Details and registration forms are available off our web site;www.ghccci.org.

The chapter will be hosting a luncheon on March 27th for thosechapter members having their ACCI designation. This will be aninformal get together to discuss chapter initiatives.

In celebration of both CCI National’s and the GoldenHorseshoe chapter’s 25th Anniversary, the chapter will be host-ing a gala dinner in conjunction with our AGM. Scheduled for

September 13th at the Royal Botanical Gardens in Burlington,we shall be conducting our AGM first and then having a sitdown dinner. We are arranging for an illusionist to be theevening’s entertainment. The chapter is planning to cover a por-tion of the dinner fee as a gesture of thanks to our members.There will be additional sponsorship opportunities.

The chapter is also very pleased to have recently donated$3,000 to CCI National in support of the 25th AnniversaryDinner that will be held November 3rd as part of theCCI/ACMO Annual Conference.

As part of the chapter’s 25th anniversary events, an advertis-ing/promotional insert will be going into the HamiltonSpectator, Burlington Post, Kitchener Record and GuelphMercury newspapers in May.

Kim Coulter, ACCI, Chapter President, Golden Horseshoe Chapter

G o l d e n H o r s e s h o e C h a p t e r


O t t a w a & A r e a C h a p t e r

chapter CHATTE R

N o v a S c o t i a C h a p t e r

Is it Spring yet? This has been an awesome winter forWinterlude in Ottawa – three weekends of fun and frolic on thefrozen surfaces of the Rideau Canal. With not even a threat ofa thaw to melt down any of the snow or ice sculptures it doeslend itself to ask the question – is it spring yet?

With the recent expansion of the Board from seven to ninemembers, the chapter is pleased to announce the appointmentof Constance Hudak, Condominium Owner/Director and TerryMarkell of Hub International as our newest Board members.

The first event for 2007 was held on February 7th with a winterevening seminar. It was the third year that the chapter offeredOttawa’s version of Money, Guns and Lawyers – Case LawUpdate with seminar leaders John Peart, LL.B., ACCI, FCCI,Low Murchison and James Davidson, LL.B., ACCI, FCCI, ofNelligan O’Brien Payne. This informative session based on newdevelopments in court decisions proved to be a great successwith some familiar faces from past events and some new faces.All in all, there was a very successful turnout.

Following the February session, the chapter offers aCondominium Director’s Forum on Wednesday, March 7th. Theobjective behind any of the chapter Forum’s is to provide thosepresent with a great topic – start the conversation, provide amoderator to keep things rolling but let the director’s shareamongst themselves how they may have dealt with the matterat hand. The topic – Employment Issues for Condos will bemoderated by Lori O’Neil, LL.B., of Nelligan O’Brien Payne. The

registration fee will be underwritten by the firm Nelligan O’BrienPayne in order to reduce the registration fee. The chapter’soffering of these forums proves to be a unique opportunity forBoard members to share experiences.

The chapter is planning a special luncheon for the PropertyManagers in the Ottawa Area on Friday, March 23rd. JanicePynn, President of CCI-Toronto has been invited to speak.

And then, once again, the registration is full for the April 21stand 22nd offering of the Directors Course. The speakers areowed a great deal of thanks for making this course so popular.It is never too early to plan to attend one of the chapter’sDirectors’ Courses, the dates for the Fall course are November17 & 18, 2007.

Now back to the day-to-day operations of keeping all of theother administrative work flowing. Work continues on newslet-ters and work has just been completed in producing the chap-ter’s 2007 Professional Services and Trades Directory.Membership in the chapter is on the rise with over 400 mem-bers. A project leader and a committee has been formed tohelp the chapter promote the CCI 25th Anniversary in 2007.

For more information on enrolment in our courses, seminars orthe Condominium Director’s forum, please call (613) 247-4718or visit the web site at www.cci.ca/Ottawa.

Liz Dowd, Administrator, Ottawa & Area Chapter

Hello from Nova Scotia. Lot’s of things in the works for the sec-ond half of the year here at CCI-NS.

On February 17th, our next seminar entitled, “Dealing WithDifficult Situations (and People)” is being held on Saturdaymorning from 9 -12 at St. Mary’s University in the SobeyBuilding, in Halifax. Dan Galletti of Merit Property Managementand Bob Daley of Concord Property Management are conduct-ing the session. They were both elected to our Board lastSeptember and are certainly making a great contribution to thecondominium community. We appreciate it.

We’ve also set a date for the “Contracting for Services &Reserve Fund Studies” seminar. It’s to be held Saturday morn-ing, March 17 also at St Mary’s in the Sobey Building. FormerBoard member & property manager at CitiGroup Properties,Lisa Power will share hosting duties with Jim Fletcher, seniorproject manager at Jacques Whitford Ltd. Lisa has contributedmany hours to CCI as a seminar co-presenter of the CM100,200 and others. Not only do we learn but we enjoy doing it,what could be better. This will be Jim’s first time as a presenterand we look forward to meeting him.

A consensus emerged at our annual meeting last Septemberthat the condominium community wanted us to become moreactive in helping protect the rights and interests of condo buy-ers and owners. In response to this we have formed anAdvocacy committee. The first step is a questionnaire to themembership asking for their stories. At the same time we areresearching how other provinces and locales are dealing withproblems. Once that is done the committee will prepare a posi-tion paper to be submitted to government for action.

On a related issue, we have been asked to comment on pro-posed amendments to the Nova Scotia Consumer ProtectionAct. The changes are relating to deposit protection for pur-chasers of new residential units.

Our winter newsletter is hot off the presses but that’s the onlything that’s warm these days. Try to enjoy the rest of it every-one… spring is just around the corner.

Norma Cameron, President CCI Nova Scotia Chapter


L o n d o n & A r e a C h a p t e r

chapter CHATTE R

Va n c o u v e r C h a p t e r

Thank you all for your ongoing and very warm congratulationson the wonderful awards bestowed upon our chapter this pastNovember. They are very much appreciated. I must reiterateonce again that this award is most certainly the outcome ofmuch energy, talent and participation by the chapter’s Board ofDirectors, all of our writers, the seminar presenters and condo-minium course instructors, the advertisers in our publications,and by all of you who participate at these events. The time youmost graciously volunteer to the betterment of our chapter isinspiring. Congratulations to you all!

Despite (my) major computer challenges we were able to getthe winter CCI Review and the Professional Service & TradesDirectory out in early January. These publications do not hap-pen without the expertise of our writers, the continued supportand generosity of our advertisers and your suggestions. Thankyou one and all. And, we send a special and heartfelt thank youto Lisa Peter-Ross of Hill Street Ad & Design for her brilliantdesign work in our directory.

The bitter cold evening of January 23rd was warmed by the“light bulb” moments we encountered at the Seminar“Adequate Disclosure & Status Certificates: protect yourselffrom liability – don’t create it!” Joe Hoffer most expertly intro-duced the evening’s panel of Connie Grant, CMOC, CRES,ACCI, FCCI of RE/MAX Advantage Realty Inc., Susan Size,CMOC, ACCI, FCCI of Thorne Property Management Ltd., andJeffrey Bell, LL.B., of Cohen Highley Law Firm to 65 of our mostdedicated and eager attendees. We learned that this facet ofour corporations is a most critical one and requires the mostdedicated attention to detail. Education in the area condomini-um community is very strong by the participation and support ofour experts.

The Condominium Round Table will continue their discussionson the second Wednesday of the month. CondominiumDirectors interested in joining this group discussion can viewthe upcoming topics on the website, in the chapter newsletter

or the Professional Service & Trades Directory (2007). YourRSVP is required as seating is limited.

As the winter months continue (in most unpredictable weather)we look to spring. On March 27th, Susan Size has gatheredanother group of experts to address essential areas of condo-minium preventative maintenance. Joining our panel is TimBeattie, P.Eng., of Brown & Beattie Ltd., who will address thebuilding envelope – how doing regular inspections and preven-tative maintenance will maintain property values and reducefuture costs; Jay Murray and Dave Leff of TLC who will focus onhow your landscaper can assist in the development of a main-tenance plan for your grounds and gardens, what can be doneto prepare for London’s pesticide ban, and they will also speakto infestations such as the ash borer; and George Comptonwho will tackle the manager’s perspective, including how tocollect repair data from owners and through inspections, pro-fessional reports and how to set up an effective maintenanceplan with the board of directors.

On May 15th a panel of legal experts will join together toaddress many of the legal aspects of condominium at the sem-inar: “There are no stupid questions!” Once again, we invite ourmembers to encourage friends and colleagues who haverecently chosen the condominium lifestyle to experience thequality of our education and expertise in the London area. Thecondominium lifestyle is by no means for everyone; however,some education goes a long way to making it a pleasurableexperience.

The London Spring Home & Garden Show will take place at theWestern Fairgrounds on April 20th to 22nd. We hope to seeyou there.

Until we meet again, be well and enjoy. As always, your com-ments and suggestions are most welcome.

Trish Kaplan, Administrator, CCI-London & Area Chapter

As I write this the Stanley Park clean-up continues! Not toworry, all should be in order for the Spring 2008 mid-year meet-ing in Vancouver!

Our chapter continues to work hard to raise the awareness ofCCI in the Lower Mainland and increase membership at all lev-els. We are also aiming at distributing our quarterly newsletterto as many condo boards and condo industry professionals thatour budget allows for. We are also utilizing the services of ourVancouver Island members to try and increase CCI awarenessacross the water!

Membership growth has been steady so far and we hope to seethe numbers increase in much the same way as last year.

Due to unforeseen circumstances we were forced to cancel theCCI Vancouver Seminar that was to be held on February 10,2007. It has been re-scheduled for April 21st and the topic ofthe Seminar will be on building envelope issues and will be pre-sented by Halsall Engineers & Consultants. Plans for futureseminars are already under way with the following topics beingconsidered:

1. Strata Management Licencing – Where are we now?2. Board governance – Some do’s and don’ts; and 3. Earthquake preparedness for condominium owners.

Jamie Bleay, President - 2007/2008, CCI Vancouver Chapter

Greetings from Thunder Bay. One of our most exciting accom-plishments this year was the publishing of the first edition of ournewsletter, the Superior Region CONDO NEWS, with our sec-ond edition due to hit the streets this spring. This newsletterhas been very well received.

On March 21, 2007, our chapter will be sponsoring a seminaron fire safety. This particular seminar is aimed at individual unitowners and will be free to all members. Representatives fromthe local Fire Department, alarm maintenance companies andthe Fire Marshall's office will be presenting. Demonstrations ofequipment and alarms and a Q&A session will be held at itsconclusion. This seminar is a response to requests from indi-vidual unit owners.

On the membership side of things, we have established a tradedirectory hoping to increase our membership of differenttrades. Our membership has seen a slow but steady increasein the past year and we anticipate more of the same for thisyear.

Our Board continues to work well together and we welcomethe addition of Les Scrimshaw to the Board this year. We con-tinue to look for volunteers to help with the various committees.

Paul Muller, V.P., CCI Northwestern Ontario


chapter CHATTE R

W i n d s o r - E s s e x C o u n t y C h a p t e r

Congratulations CCI on your 25th Anniversary. To commemo-rate this 25th year of CCI, our chapter is promoting educationby disseminating information through seminars, newslettersand our website regarding current issues involving condomini-um living. Other initiatives being undertaken by our chapterinclude political lobbying to ensure value is received by condo-minium unit owners for property taxes paid. The CCI GeneralForum (an interactive condominium discussion on the internet)has also been instrumental in communicating our ideas withother CCI members. Over the past 25 years, CCI has built rela-tionships across Canada for those involved in condominium liv-ing. By banding together, CCI has been able to advocate forthe rights of the condominium unit owner and has been instru-mental in reforming the legislation. Our chapter is focusing onways to continue promoting these momentous goals.

The 2007 membership drive is on! If you haven’t renewed yourmembership yet, renew now to ensure timely delivery of educa-tional materials. For more information on how to become amember of the CCI Windsor-Essex County chapter or tobecome more involved in our chapter, please call 519-978-3237 or visit our website at www.cci.ca/Windsor. Membershiphas its benefits, including Mandatory Continuing Education(MCE) Credits for real estate professionals.

Windsor-Essex County condominium development is on therise. Our local website and chapter, known to condominiumcommunities throughout Canada, can provide links to yourbusiness and we would encourage you to take advantage ofthis marketing service. There are great advertising opportunitiesfor our business and professional members in our Directory andNewsletter circulations, as well. Please call 519-978-3237 tosecure this advantage.

Andrea M. Thielk, BA, LLB, JD, ACCI (Law)President, CCI Windsor-Essex County chapter

N o r t h w e s t e r n C h a p t e r

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