Ontario Court of Appeal Confirms Condo Boards are Entitled to Deference
by Christy Allen on September 14, 2016
The Ontario Court of Appeal recently overturned a decision of the Superior Court, in which the Judge found a Board had acted oppressively by refusing a unit owner’s request (made under section 98 of the Condominium Act) to modify the common elements of the condominium.
The July 2016 decision of 3716724 Canada Inc. v. Carleton Condominium Corporation No. 375 concerns a mixed-use condominium located in the Byward Market area of Ottawa, Ontario. The unit owner is the owner of commercial parking units within the condominium’s garage. Those parking units were being used for monthly parking. The unit owner requested the Board’s consent to make certain common element modifications in order to convert the garage from monthly use to a 24/7 “pay and display” parking operation. The Board advised the unit owner that it was only prepared to consent on the condition that the unit owner hire a full-time security guard. The unit owner refused, and instead brought an Application in Ontario Superior Court seeking a Court Order allowing the requested common element modifications.
IPIC recommends "Innovation Box" in Pre-Budget Consultations
by Adam M. Tracey on August 23, 2016
The Intellectual Property Institute of Canada (“IPIC”), Canada’s professional association representing intellectual property practitioners across the country, has formally submitted recommendations for “fostering a culture of innovation” to Canada’s Minister of Finance. The submission was made in the months leading up to announcement of the federal Liberal government’s second budget under Prime Minister Justin Trudeau’s leadership.
The High Price of Not Treating Employees Fairly
by David A. Stout on July 18, 2016
A recent decision of the Ontario Superior Court of Justice is a stark reminder to employers of the obligation to treat its employees fairly and with respect, both during their employment and in the manner of their termination of employment.
In the case of Strudwick v Applied Consumer & Clinical Evaluations Inc., the Court noted the employer’s “horrendous conduct”, and not only awarded the plaintiff employee twenty-four months’ pay in lieu of notice, but also awarded $20,000 in damages to compensate the plaintiff employee for injuries to her “dignity, feelings and self-respect”, contrary to the Ontario Human Rights Code. In addition, the court awarded punitive damages for the employer’s woeful conduct in the amount of $15,000.
Read more on The High Price of Not Treating Employees Fairly
Ninth Annual Not-for-Profit LAB Update - Save the Date!
by Kimberley Cunnington-Taylor on July 4, 2016
Nelligan O’Brien Payne will once again be joining Collins Barrow Ottawa and RBC Royal Bank in presenting the ninth annual Not-for-Profit Sector LAB Update.
Suspending Board Members: Lessons From George v. The B.C. Wildlife Federation
by Christopher C. Rootham on June 10, 2016
Many unions are incorporated under federal or provincial not-for-profit corporate legislation. That legislation contains rules that unions need to navigate, particularly when dealing with a board member who has behaved inappropriately.
The British Columbia Supreme Court recently dealt with some of these issues in George v. The B.C. Wildlife Federation, which sheds light on the rights of a board of directors to deal with a director who has acted inappropriately in the course of his or her duties.