Category Archives: Litigation

Legal comment, news and articles relating to recent important developments and Canadian court decisions relating to Litigation.

Alleged Human Rights Code Violations

Defence of large dental practice corporation and of gas companies and their principals for alleged violations of Human Rights Code on basis of gender, marital status and age.  Allegations of this nature are a stretch in many instances but are now unfortunately commonplace by some employment lawyers insofar as they create nuisance value calculated to result in small settlements for the employee, a fraction of the amounts originally claimed, but sufficient to cover the costs of the lawyer or paralegal making the claims.  Such claims must be vigorously contested if the notion of rights is to be left with any integrity and substance.

Older Condominiums are Heading for Litigation

Under the Condominium Act , a board of directors owes legal obligations in regard to reserve funds for the replacement of common elements. Ron recently acted in such a dispute. Many older condominium buildings have underfunded reserve funds, which can occur due to the failure of directors to appreciate their legal duty to provide for adequate funding for the replacement of deteriorating infrastructure/common elements. Funding must be based on accurate estimates of the useful life and accurate estimates of the cost of replacement, as set out in the reserve fund study mandated under the Condominium Act. Third party purchasers may rely on the accuracy of representations contained in reserve fund studies. In practice those studies constitute the inspection by a purchaser of a condominium unit and building.

Directors risk personal liability for misrepresentations in the reserve fund studies, even though the reserve fund engineers also bear responsibility for any negligence on their part.