The Ten

Known Issues (news/court)

[lawsuit_or_court - bylaw enforcement (pets, rentals, noise, smoking, renovations, short-term rentals)] The condominium corporation sought an interim injunction against several unit owners who were offering their units for short-term paid stays via sites like AirBnB, alleging this violated bylaws limiting occupancy to one-family residences and prohibiting commercial use; the owners argued the bylaws were invalidated by s.32(5) of the Condominium Property Act as an improper restriction on leasing. The court found a strong case the bylaws were breached and not invalidated by s.32(5), found irreparable harm to the condominium community, and granted the interim injunction pending the Special Chambers hearing scheduled for February 21, 2020. (2019-10-21); [lawsuit_or_court - bylaw enforcement (pets, rentals, noise, smoking, renovations, short-term rentals)] An owner sought declarations that his month-to-month agreements for short-term occupancy of his unit were valid leases under s. 32(5) of the Condominium Property Act, sought damages including $3000/month lost revenue and $115,500 for losses on a distress sale, and alleged improper conduct by the Corporation under s. 67; the Court found the agreements were, in substance, licences for short-term occupancy rather than leases, so s. 32(5) was not engaged and the bylaws prohibiting short-term rentals were breached, rejected the improper conduct claim, found the applicant lacked standing after selling the unit on June 20, 2023, and dismissed all relief. (2024-01-23); [lawsuit_or_court - bylaw enforcement (pets, rentals, noise, smoking, renovations, short-term rentals)] Following dismissal of an owner's application alleging misconduct by the condo corporation and board over enforcement of a short-term rental ban (a prior permanent injunction), the court denied solicitor-and-own-client costs but awarded enhanced costs of triple Column 2 ($19,725.00) plus disbursements and GST, finding the owner's serious unsubstantiated allegations and attempt to circumvent the injunction warranted an enhanced award. (2024-03-12); [lawsuit_or_court - bylaw enforcement (pets, rentals, noise, smoking, renovations, short-term rentals)] A condominium corporation sought to permanently enjoin several unit owners from renting their units short-term via platforms like Airbnb without a lease, arguing such arrangements were prohibited by the bylaws; the court held that Airbnb-style occupancy without a lease creates only a licence, not a lease, that this is not protected by s. 32(5) of the Condominium Property Act, and that the bylaws validly prohibit such short-term rentals, making the interim injunction permanent (remedies and damages to be argued later). (2020-02-27); [lawsuit_or_court - condo fee arrears / foreclosure] The condo corporation sought summary judgment against an owner for unpaid condo fees and a special assessment (increased fees of $524.95/month from January 1, 2008 and a special assessment of $222.47/month for six months from February 1, 2008), after the owner disputed notice and documentation; the court granted summary judgment for the arrears, holding contributions become due upon board resolution without required statutory notice, suspended prejudgment interest for the period of delayed disclosure of documents, and awarded solicitor-and-client costs reduced due to the late withdrawal of an electricity charges claim. (2011-10-21); [lawsuit_or_court - bylaw enforcement (pets, rentals, noise, smoking, renovations, short-term rentals)] An owner argued a month-to-month 'lease' allowed Airbnb-style short-term rentals despite bylaws and a permanent injunction prohibiting such use; courts found it was in substance a licence and a colourable attempt to evade the injunction. The Court of Appeal upheld findings of no improper conduct by the Board and dismissed the appeal, reducing appeal costs. (2025-03-13)