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Civil Litigation

As people work and operate together in society, it is inevitable that conflicts will arise.  Whether it involves managing conflict, negotiation, mediation, arbitration, or litigation, when a dispute or conflict arises, we invest in finding appropriate solutions in the context of your best interests.  We then help you walk through that legal process.  Our expertise as condominium law lawyers and our numerous litigation successes make us your best choice for affordable, sensible litigation.  Do you know what your BATNA is?  Ask us – we do!

Condominium corporations are our speciality; they are governed by statutory framework which requires expertise and experience as to how a condominium works in order to ensure that the best legal solution to a litigious situation is found.

At Elia Associates, the litigation team's goal is to achieve the best possible results for our firm's clients.  The team brings a fresh approach towards delivering comprehensive and cost-effective legal solutions for condominiums, businesses, as well as individuals, whether by representing the firm's clients in court or in appropriate (alternative) dispute resolution proceedings.

Condominiums have been consistently compared to small towns or companies.  As such, they also have a need for a full range of legal services.  The litigation team's combined expertise in condominium law and civil litigation enables us to offer full litigation support to condominiums, whether with respect to condominium-specific matters such as enforcement issues, governance disputes, collections, dispute with developers, or with respect to other areas such as human rights, contract and construction disputes.

The litigation team at Elia Associates represents businesses and individuals in a wide variety of areas including corporate, commercial, real estate, human rights and condominium litigation.

 

Latest Articles

NEWS: Patricia Elia presenting on Expert Panel in Ottawa

September 13, 2016

On Wednesday, September 28th at the Hellenic Community Center in Ottawa, Patricia will be participating on a legal expert panel at a meet the expert evening taking place from 6:30pm - 9pm.

This event is being presented FREE to members of the Easter Ontario Chapter of the Canadian Condominium Institute.

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BULLY TACTICS: COMPLIANCE LETTERS AND THE CHARGEBACK OF LEGAL COSTS

While the focus of our practice involves representing post-development condominium corporations, we sometimes leverage this expertise to assist unit owners when things have gone awry at their condominium corporation (such was the case leading up to the Court’s decision in Davis v. Peel Condominium Corporation No. 22, where our colleagues acted on behalf of the successful requisitionists). 

This past summer, our firm acted as counsel for a group of more than 60 Unit Owners who were urgently seeking a remedy from the Ontario Superior Court of Justice. Several months earlier, the Unit Owners had submitted a Requisition to the Board of Directors for a meeting to vote to remove 3 of the 7 Board members. The Unit Owners had agreed to join the Requisition to the agenda of the upcoming Annual General Meeting; however, the Board of Directors decided to postpone the AGM beyond the 6-month period mandated by Section 45(2) of the Condominium Act, 1998, S.O. 1998, c. 19 (the “Act”).

This group of 60+ Unit Owners amounted to nearly 25% of the condominium’s total number of unit owners. These Unit Owners alleged that their democratic rights as unit owners were being oppressed, as the Board, after having received the Requisition for several months, refused to recognize the Requisition as valid.

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