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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 interest.  We then help you walk through that legal process.  Our expertise as condominium law lawyers and our numerous litigation successes make us your best and affordable choice for litigation.  Do you know what you 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: Potential Canada Post Service Stoppage & Condominium Collections

July 7, 2016

For many condominium corporations, even the potential lack of mail service creates obstacles and raises questions surrounding the collection of unpaid common expenses. 

For property management companies who issue their own “Form 14s”, consideration must be provided to not only satisfying notice requirements under the Condominium Act, 1998, but satisfying the intent of such notice requirements.

The timelines surrounding the notice requirements are not necessarily impacted by a stoppage in service. However, an alternate method of delivery to a regular mail will need to be considered and embraced.

IF A “FORM 14” IS BEING ISSUED TO A RESIDENT OWNER, consider personal delivery (e.g. hand delivery by a site manager) or courier.

IF A “FORM 14” IS BEING ISSUED TO A NON-RESIDENT OWNER, consider using a courier service.

The “what, when, where, how and who” pertaining to the delivery process should be recorded, particularly when personal service is performed. If couriers are used, this detail is likely satisfied with the information on the courier slip.

Cost is another consideration, particularly when using a courier; however, this cost should be added to the total amount sought under the lien.

In the event that a mail service interruption creates additional obstacles for your other work, our office can take responsibility to issue Form 14 Notices on your behalf.

This month, the deadlines for issuance of Form 14s and registration of Certificates of Lien are July 18, 2016 and July 29, 2016 respectively.  However, particularly given the anticipated change in process, instructions should be received as early as possible.

Contact us at liens@elia.org for more information.


 
All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.

www.elia.org  

© Elia Associates Professional Corporation, All Rights Reserved.

 
NEWS: Registration Now Open for Toronto Condo Conference Where Patricia Elia & Marc Bhalla Are Speaking

July 6, 2016

Registration has recently opened for the 20th Annual Condominium Conference hosted by the Association of Condominium Managers of Ontario and the Toronto & Area Chapter of the Canadian Condominium Institute, taking place on November 11th & 12th in Toronto.

In addition to exhibiting and having many members of the CONDOCENTRIC team at the event, Patricia Elia and Marc Bhalla will be speaking…

Patricia will join Linda Hunt and Susan Ruptash on a panel moderated by Deborah Howden being presented at 11:45am on Friday, November 11th on the topic of Human Rights / Barrier-Free Accessibility. The panel will discuss the interplay between the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act.

Marc will be moderating the return of a dispute resolution session to the conference after a 3 year hiatus and will be joined by Shannon Salter - Chair of British Columbia’s Civil Resolution Tribunal - and colleagues Colm Brannigan and Jennifer Bell in presenting Rapid Fire Mediation: The Evolution of Conflict Management at 4:30pm on Friday, November 11th. The presentation will reflect on the past, clarify the present and look to the future of condominium dispute resolution with the anticipated injection of technology into traditional processes, as displayed with Shannon participating in the session via Skype.

For more information or to register to attend the Conference, please visit www.CondoConference.ca or click here to see Marc briefly explain why this is a “can’t miss” event! 

 

 


 
All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.

www.elia.org  

© Elia Associates Professional Corporation, All Rights Reserved.