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Our Experience


The following is a summary of some significant matters and transactions which illustrates the depth and breadth of our Condominium Law Group.

Our precedent-setting court decisions in condominium law include:

  • CCC No. 11 vs. Shenkman - One of the leading cases in condominium building deficiency law.
  • CCC No. 109 vs. Tartan - The first case to interpret Section 41(8) of the Condominium Act, 1978 - including its application to the implied warranties relating to the construction of new homes.
  • CCC No. 394 vs. ONHWP - The first case to confirm that the warranty program can apply even if part of the home is "old". Also, one of the first cases to confirm coverage for "investment units".
  • CCC No. 441 vs. ONHWP - The first case to confirm that claimants can preserve court claims and at the same time pursue claims to the Warranty Program.
  • CCC No. 495 vs. ONHWP - The leading case respecting the "inferior substitution warranty" under the Ontario New Home Warranty Plan.
  • Stafford vs. FCC No. 1 - The first case to consider the meaning of the term "substantial" in Section 38 of the Condominium Act, 1978. Also, one of the leading cases respecting estoppel certificates, including the disclosure obligations of Condominium Corporations but also the obligation upon purchasers to make reasonable inquiries.
  • Pagé vs. CCC No. 20 - One of the leading cases respecting voting requirements for the removal of directors (under the Condominium Act, 1978).
  • CCC No. 145 OMB Appeal - This decision of the Ontario Municipal Board confirmed that Condominium Corporations may, by Board resolution, appeal a municipality's decision to re-zone neighboring lands.


Other examples of our experience:

  • In the past two years, we have settled numerous large building deficiency claims , the settlements ranging from $300,000.00 to $2,000,000.00 - in each case making effective use of mediation to resolve those large disputes.
  • We have dealt with a number of tricky environmental issues relating to condominium properties and have thereby developed an understanding of the workings of the Ministry of the Environment in such cases.