Amending Bylaws by Ordinary Resolution: When is a Conflict a Conflict?

I have been contacted by several condominium corporations regarding amending their bylaws to bring them into compliance with recent changes to Alberta’s condominium legislation. Along with the changes introduced in 2019 and 2020, the Legislature provided condominium corporations with the ability to amend bylaws that conflict with the revised legislation by way of an ordinary […] Read More
November 18, 2020

The Importance of Notice

Has your condominium corporation convened an Annual General Meeting (AGM) in 2020? If you’re not a member of your Board of Directors and you answered ‘no’ to that question, you may want to find out for sure after reading this. I recently attended my own AGM. It’s a small condominium property with fewer than 40 […] Read More
November 18, 2020

Upcoming Clarifications to Contractual Good Faith

Last December, the Supreme Court of Canada heard two appeals concerning contractual good faith issues. The first involved an appeal of the British Columbia decision Greater Vancouver Sewerage and Drainage District v. Wastech Services Ltd., 2019 BCCA 66. The second involved an appeal of the Ontario decision C.M. Callow Inc. v. Tammy Zollinger, 2018 ONCA […] Read More

8 Tips for When the Bank Calls

It is no secret that, due to COVID-19 and the collapse in oil prices that many companies in Alberta are in financial distress.  While lenders have generally cooperated during this period, business owners are now, with good reason, anxiously dreading the “call from the bank”.  However, that call does not have to mean the end […] Read More
July 21, 2020

Condo Corporations Now Permitted to Access Reserve Funds in “Emergencies”

In a significant move for Alberta condominiums, on June 1, 2020 the Lieutenant-Governor of Alberta, the Honourable Lois Mitchell, approved an Order in Council to amend the Condominium Property Regulation, AR 168/2000. Among other slight changes to document retention periods, the amendments notably give condominium corporations the ability to temporarily remove funds from their capital […] Read More
June 2, 2020

No Contractors Allowed: Court Calls Condo Matter “Urgent”

The Ontario Superior Court has just ruled that unit owners allowing third party contractors access to a condominium property to perform non-urgent work in their unit constitutes a matter of urgency. Last week, in York Condominium Corporation No. 419 v Black, 2020 ONSC 2066, a condominium corporation in Ontario sought an emergency court injunction against […] Read More
April 8, 2020

Tackling COVID-19 and Minimizing Risk: Considerations for Alberta Condominium Corporations

The ongoing COVID-19 pandemic has turned the world upside down and has changed the way that we go about our daily lives. Current public health recommendations include requirements for self-isolation, restrictions on gatherings, and physical distancing. In apartment-style condominium buildings, these recommendations are creating unique challenges and raising several issues that condominium corporations and boards […] Read More

The Force Majeure Hit List – 7 Things You Need to Know

The COVID-19 Pandemic has unprecedented and wide-spread impact on commercial obligations. Many business relationships are being disrupted or suspended, and many business deals are delayed or completely cancelled. The global lock-down has companies scrutinizing their rights and obligations, and turning to the back pages of their contracts to check if a force majeure provision is in the fine print. In […] Read More

Post-Crisis Planning – What Will You Do When the Crisis Ends?

During a crisis, there are immediate priorities as the situation changes day-to-day and at times, hour-to-hour.  Understandably, post-crisis planning for business owners can often be over-looked.  Post-crisis planning steps that should be taken once the crisis has substantially been resolved and returning to normal operations.  The immediate post-crisis period is fraught with perils and the […] Read More

Convening a Condominium AGM Amid Concerns Over COVID-19?

Spring is typically Annual General Meeting (AGM) season for condominium corporations and with the COVID-19 virus having been declared a pandemic last week, condo boards should consider whether or not to proceed with scheduled AGMs. For many condo corporations, an AGM will be a “mass gathering” that corrals hundreds of unit owners together in one room, sitting in close proximity, […] Read More
March 18, 2020