Chapter 7: Enforcement

• Pages: 169-243
• Author: Robert Mullin

169

CHA PTER 7

ENFORCEMENT

1 INTRODUCTION

[1] Ontario’s condominium landscape is dotted with complex over-

sight.1 Condominiums, being creatures of statute,2 must carefully abide

by the Condominium Act, 1998 (the “Act”). The condominium’s gov-

erning documents, includi ng the declaration, description, by-laws and

rules, add a further l ayer of complexity.3 A large body of jurisprudence

deepens the analysi s, with the Condominium Authority Tribunal (or

“CAT”) adding hundreds of rulings.

[2] A condominium is only successful if this int ricate terrain is

followed. Akin to a speed limit, if t he public or constabular y ignore the

posted sign, protections are lost. Consumer protection is a sig nificant,

if not the dominant, pursuit of condominium law.4 If a condominium or

1 For example, see Oce of the Aud itor General of Ontario, Val ue-fo r-Mon ey Au d-

it: Condominium Oversight in O ntario (2020) at 3, online: www.auditor.on.ca /en/

content/an nualreports/ar reports/en20/ 20VFM_10condominium.p df? [Value].

2 York Condominium Corp No 164 v Bank of Montreal, 1998 Carswel lOnt 3109 at

para 20 (ONCJ(GD)), citing Basmadijia n v York Condominium Cor p No 52, 1981

CarswellO nt 534 at para 5 (ONHC).

3 Condominium Act, 199 8, SO 1998, c 19, s 17(3) [Cond o Act].

4 For example, Lex ington on the Green Inc v Toronto Standard Condominium Corp

No 1930, 2010 ONCA 751 at para 49. See also Est anol v York Condominiu m Corp

No 299, 2020 ONSC 298 at para 111 [Estanol].

CONDOMINIUM LAW IN ONTAR IO

170

unit owner does not follow these legal demands, consumer safeguards

may be diminished.5 As the courts have held:

The declaration, descr iption and by-laws, including t he rules, are

therefore vital to t he integrity of the title acquired b y the unit owner.

He is not only bound by their ter ms and provisions, but he is entitled

that the unit ow ners are similarly b ound.6

[3] Regrettably, a unit owner may flaunt a pet r ule, a condominium may

fail to conduct repairs, or a tenant may lead a nois y, disruptive lifest yle,

all demanding enforcement.

2 ENFORCEMENT UNDER THE

CONDOMINIUM ACT, 1998

[4] Enforcement forms the keystone in a condominium’s legal arch.

Without enforcement, the complex governance scheme falters or, as

the courts have soberly stated, inv ites chaos.7 Given the importa nce

of enforcement, the Act charts clear dutie s to all members of the con-

dominium community. Bookending the general provisions of the Act,

both sections 17(3) and 119(1) provide the legislative landscape for en-

forcement. Section 17(3) states:

Ensur ing compliance

(3) The corporation has a duty to take all re asonable steps to ensure

that the owner s, the occupiers of units, the le ssees of the common

elements and the agents a nd employees of the corporation comply

with thi s Act, the declaration, the b y-laws and the rules.8

5 Manna v York Condominium Corp No 62, 2023 ONCAT 24 at para 47 [Manna].

6 Carleton Condominium Corp No 279 v Rochon, 1987 Car swellOnt 665 at para 27

(ONCA), cited in Amlani v York Condominium Corp No 473, 2020 ONSC 194 at

para 59 [Amlani].

7 York Condominium Corp v Ramad ani, 2011 ONSC 6726 at para 42 [Ramadani].

See also Toronto Standard Condo minium Corp No 2370 v Chong, 2021 ONCAT 108

at para 35 [Chong].

8 Condo Act , above note 3, s 17(3). See al so World Medpharm Inc v York Region

Standard Condominium Cor p No 1279, 2024 ONSC 1191 at para 30 [Worl d Med-

pharm], citing Seto v Peel Condominium Corp No 492, 2015 ONSC 6785 at para

35, revd on other grds 2016 ONCA 548.

Enforcement 171

[5] Restated, a condomin ium has a positive duty to employ “reason-

able” steps to ensure all members of a broader condominium com-

munity comply both with the Act and a condominium’s governing

documents. The CAT has held that while some discretion is aorded

to a condominium, via import of the word “reas onable,” lackad aisical

enforcement will not fulfill the demands imposed by section 17(3).9 At

the other end of the Act, section 119(1) states:

Compliance w ith Act

119 (1) A corporation, the di rectors, ocers and employees of a

corporation, a declar ant, the lessor of a lease hold condominium

corporation, an owner, an occ upier of a unit and a person havin g

an encumbrance agai nst a unit and its appurten ant common inter-

est shall comply wit h this Act, the decla ration, the by-laws and the

rules.10

[6] In sum, these subsections frame a clear and interdependent statu-

tory picture: everyone must comply with the operative legislation and

condominium documents.11 If a breach occurs, a condominium is

charged with not only a right but a duty to pursue reasonable enforce-

ment.12 As the courts have stated:

The major advantage of requiri ng compliance … appears to me to be

that a message w ill be sent out by the board to t he unit owners that

the declaration an d by-laws are in place for a good reason and t hey

will be enforced, a nd a message will a lso be sent by the Court t hat

where the board acts re asonably in car rying out its duty to en force

the by-laws and declar ation the board wil l be supported by the

Court … [a] longer term result of this pos ition surely will be t hat

people will only move into the bu ilding if they are prepa red to live

by the rules of t he community which they are joining – i f they are not

they are perfect ly free to join another community whos e rules and

9 Watson v Peel Condominium Corp No 544, 2024 ONCAT 18 at para 10 [Watso n].

See also McNulty v Toronto Standa rd Condominiu m Corp No 1553, 2024 ONCAT

128 at paras 32 and 34.

10 Condo A ct, above note 3, s 119(1).

11 Peel Condominium Corp No 96 v Psofimis, 2021 ONCAT 48 at para 19 [Psofimi s].

See also Halton St andard Condominium Corp No 490 v Paikin, 2021 ONCAT 95 at

para 20 [Paik in].

12 Metropolitan Toronto Condominium Corp No 1328 v 2145401 Ontar io Inc, 2019

ONSC 733 at para 21; Metropolitan Toronto Condominium Corp No 1328 v 2145401

Ontario Inc, 2019 ONCA 944 at para 4 [No 1328].