Amendments to the Prohibition on the Purchase of Residential Property by Non-Canadians Regulations

On March 27, 2023, new amendments to the Prohibition on the Purchase of Residential Property by Non-Canadians Regulation came into force (the “Amendments”). These Amendments were announced by the Minister of Housing and Diversity and Inclusion and follow the much-discussed Prohibition Act and Regulations of the same name that took effect on January 1, 2023.

One of the ostensible goals of the Amendments is to narrow the scope of the Act so that it has less of an impact on foreign buyers in the commercial sphere. Of course, the title of the Act makes it clear that […]

Prohibition On The Purchase Of Residential Property By Non-Canadians Act And Regulations

On January 1, 2023, new federal legislation came into force that will have a significant impact on non-Canadians purchasing property in Canada.

Otherwise known as the “Foreign Buyer Ban”, the Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”) will, by and large, prohibit persons who are neither citizens nor permanent residents from purchasing residential property in Canada for two years.[1] The prohibition applies to property purchased directly or indirectly. It also applies despite Section 34 of the Citizenship Act, which states that real and personal property of every description may be acquired by a […]

Timely Commencement Of Proceedings Essential For Condominiums Collection Of Condominium Fees

For years there has been a question on the issue of Condominium’s collecting condo fees on a caveat that was filed more than two years prior to a foreclosure action filed to collect those fees. Did the caveat protect ALL of the arrears owing, as the Condominium Property Act (CPA) suggests? Or did the Alberta Limitation Act restrict condominiums to only two years of prior arrears from the date the foreclosure action was filed? In The Owners: Condominium Plan No. 9311533 v Shui Ming Tong Foundation, 2022 ABKB 826, The Alberta Court of King’s Bench considered both.

The […]

Alberta Human Rights Commission Fines Condo Board for Failure to Accommodate

The Alberta Human Rights Commission decision of Susan Cush v Condominium Corporation No. 7510322 o/a Renfrew House recently confirmed the Human Rights Act and the Condominium Property Act obligations on condominium corporations, including their duty to accommodate. The Human Rights Act prohibits discrimination against any person with respect to goods and services, accommodation, or facilities because of certain protected grounds. In Ms. Cush’s case, this protected ground was physical disability, which was not disputed by the parties.

The complainant, Susan Cush (“Ms. Cush”), alleged that the condominium corporation, Renfrew House (“Renfrew House”), was discriminating against her contrary to the […]

Is a Sun Deck Considered to be “Within” a Dwelling?

In June 2022, the Supreme Court of British Columbia ruled that a sewer backup insurance policy only applies to a flood originating from “within” a dwelling and not from a drain overflow on a sun deck partially exposed to the outdoors.

This ruling comes from Gill v Wawanesa Mutual Insurance Company, 2022 BCSC 981. In this case, the perimeter drainage system of a house owned by Amritpal Gill and Baljit Gill became clogged in December 2019. As a result, water backed up and escaped through a drain in the sun deck area of the home and eventually found its […]

Condo Neighbours Clash Over Video Door Bell

Two recent cases emerging from Alberta and Manitoba have brought attention to the legal implications of smart camera and doorbell use in condominiums.

The case from Alberta Court of Queen’s Bench, Lupuliak v Condominium Plan No. 8211689, 2022 ABQB 65 resulted in a unit owner who installed a video doorbell being directed to remove the device. The issue arose when Lupuliak installed a motion-sensor video doorbell in response to an attempted break-in at her unit. The camera captured the comings and goings of Common Property (the common hallway, including a neighbouring unit’s front door). The neighbour was uncomfortable with […]

Unproclaimed Tribunal Provisions of Condominium Property Act Repealed!

In a surprise announcement, the government of Alberta has confirmed that the establishment of a Tribunal to address condominium-related disputes will not proceed at this time. Citing reasons such as investment from government would be required and budget constraints, the government also indicated that the provisions from the 2014 Condominium Property Amendment Act that relate to the establishment of a tribunal were repealed on December 31, 2021. These provisions apparently had remained unproclaimed for more than five years, and the Statutes Repeal Act required they be repealed if they remain unproclaimed. The government expressed disappointment at the decision and […]

Breaking: Vaccine Passports Mandatory in Condo Amenity Areas

Ever since the Calgary Vaccine Passport Bylaw (“VPB”) came into effect on September 23, 2021 condominiums within the Calgary city limits have been working within a “grey area” where the question “does the VPB apply to us?” was never fully answered. 

The VPB itself is a straightforward document. It mandates that an eligible person must not enter or remain in the premises of an eligible business, unless the person provides personal identification and, generally, proof of vaccination or valid exemption. 

However, up until last week the VPB defined an “eligible business” as one of a discrete list of businesses. While some of […]

Consequences of Insufficient Production of Condo Board Meeting Minutes

The Ontario Condominium Authority Tribunal decision in Robinson v. Durham Condominium Corporation No. 139, 2021 ONCAT 81, provides a caution to condominium corporations if they are providing incomplete or redacted meeting minutes to an owner upon request.

The Alberta Condominium Property Act, RSA 2000, c C-22 does not contain the same provisions that are discussed in Robinson. Section 44(1) of the Act and Section 20.51 of the Regulations do require that a condo corporation is to provide information or documents requested by an owner similar to Ontario. Robinson still provides a warning to condo corporations in Alberta when […]

12