We help owners, developers, managers and boards of residential and commercial condominiums address a range of legal issues. We provide advice, strategy, and dispute resolution services related the condominium management.
Disputes that arise in the area of Condominium law are very similar to Corporate law because condominiums are structured as corporations in the Province of Ontario. In many aspects, the laws and remedies are similar. Condominium owners have ownership of their own individual units and share in the ownership of common elements, such as hallways, lobby areas and shared recreational units.
The oppression remedy is also available under section 135 of the Condominium Act. Like shareholders’ rights under the OBCA and the CBCA, condominium owners are able to apply to the Superior Court if they believe that the conduct of an owner, a corporation, a declarant or a mortgagee of a unit is, or threatens to be, oppressive or unfairly prejudicial to the applicant or unfairly disregards their interests.
The court is then able to make any order that it deems to be appropriate to stop the oppressive conduct. The court is also able to order compensatory payment.