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.
|Bill 106 & Mediation|
February 15, 2017
In this clip from his recent appearance on Rogers TV's Talk Local, Marc Bhalla expresses the shortcomings of Ontario's current condominium legislation with respect to mediation and what he hopes will be provided in forthcoming regulations to address them.
|Litigation Privilege For Property Managers Under The CMSA|
Under the new Condominium Management Services Act, 2015 (the “CMSA”), property managers and property management companies will be required to submit themselves to investigations by inspectors who are appointed by the Condominium Management Regulatory Authority of Ontario (the “CMRAO”), the administrative authority created in July of 2016 to enforce the CMSA.
Under Section 60(1) of the CMSA, these inspectors do not need to obtain a search warrant or a court order first before initiating an investigation to ensure that the subject property manager is complying with the CMSA and its regulations, or to deal with a complaint about the property manager that the CMRAO has received under Section 57 of the CMSA.
Under Section 60(3)(c) and Section 60(6) of the CMSA, the property manager is required to produce a document or record when requested to do so by the inspector.
However, a recent decision of the Supreme Court of Canada may provide property managers and property management companies with a temporary reprieve from having to produce such documents or records upon an inspector’s demand.