CONDO Business - Spring 2024

Canada’s Most Widely Read Condominium Magazine 

Spring 2024 • Vol. 39 #1 

HEALTHY HEIGHTS 

PART OF THE 

PM#40063056 

Pioneering the WELL standard in condominiums 

Water leaks 101, capital project deferrals, 

preventing plumbing disasters, shared condo 

costs, and tips for hiring independent contractors 

P A R T O F T H E

BUILDING 

THE FUTURE 

RESTORING 

THE PAST 

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Canada’s Most Widely Read Condominium Magazine 

Spring 2024 • Vol. 39 #1 

PART OF THE 

P A R T O F T H E 

PART OF THE 

P A R T O F T H E 

Contents 

8 7 

LEGAL 

14 Before Hiring an 

Independent Contractor 

By Ashley Winberg 

46 Sharing Between 

Condominiums 

By Christy Allen 

and James Davidson 

DEVELOPMENT 

10 Vancouver Landscaping 

Regulations 

36 Upswing in Defaulted Real 

Estate Loans 

By Barbara Carss 

56 Shaping Toronto’s Skyline 

By Nick Ainis 

FEATURE 

29 All’s ‘WELL’ in Toronto 

By Rebecca Melnyk 

MAINTENANCE 

6 Waste-Conscious Condos 

By Kwame Anane Frempong 

18 Keeping Plumbing 

from Plummeting 

By Val Khomenko, Ingrid Kulik and 

Derek Smendra 

24 Deferring Capital Project Work 

42 Leak Management 101 

By Denis Gagnon 

50 Demystifying Windo Lingo 

By Thomas Noël 

54 Spring Maintenance for 

Newly Built Homes 

By Peter Balasubramanian 

IN EVERY ISSUE 

4 Editor’s Note 

58 New & Notable 

“Being proactive turned out to be 

a really valuable resource. ” 

Page 25 

PM#40063056 

HEALTHY HEIGHTS 

Pioneering the WELL standard in condominiums 

Water leaks 101, capital project deferrals, 

preventing plumbing disasters, shared condo 

costs and tips for hiring independent contractors 

Cover Photo by Binyan Studios 

and Minto Communities.

EDITOR’S NOTE 

Healthy Perks 

Over the past few months, a couple 

of condo owners reached out to us with concerns about 

special assessments they were facing and couldn’t afford. Their 

dilemma is increasingly common these days, given rising construction 

costs and the inadequacy of reserve funds to pay for major repairs 

and replacements. To address this growing issue, a team of 

engineers gathered in February for a CCI Huronia discussion about 

the possibility of prolonging the life of building equipment to defer 

capital projects. Their perspectives may help other condos. They also 

describe real-life scenarios, which can be found on page 24. 

In this issue, the majority of maintenance-dedicated articles span 

across seasons. They address plumbing disasters, water leak liability and management, how to 

prevent unwelcome costs when hiring independent contractors, and new legal cases that address 

cost-sharing among condos. 

Developers are also facing financial conundrums. A story on page 36 looks at the insolvency facing 

new projects. 

And speaking of new condos, one Canadian developer is piloting the residential version of a global 

health and well-being standard that also targets existing buildings (page 31). The program creates a 

pathway for people-first communities and helps scale healthy housing, which can greatly support 

mental health. 

We wish you a peaceful spring. As always, please feel free to reach out with questions or story 

ideas. 

Rebecca Melnyk 

Editor, CondoBusiness 

rebeccam@mediaedge.ca 

Editor 

Rebecca Melnyk 

Advertising Sales 

Jake Blanchard, Sean Foley, Ron Guerra, 

Jason Krulicki, Melissa Valentini 

Art Director 

Annette Carlucci 

Graphic Designer 

Roxy Huynh-Guinane 

Production Coordinator 

Ines Louis 

Contributing Writers 

Nick Ainis, Christy Allen, Peter Balasubramanian, 

James Davidson, Kwame Anane Frempong, 

Denis Gagnon, Val Khomenko, Ingrid Kulik, 

Thomas Noël, Derek Smendra, and Ashley Winberg. 

Digital Media Director 

Steven Chester 

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Single Copy Sales: Canada: $10*. 

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International: $110 *Plus applicable taxes 

Reprints: Requests for permission to reprint 

any portion of this magazine should be sent to 

info@mediaedge.ca. 

Circulation Department 

Adrian Holland 

circulation@mediaedge.ca 

CONDOBUSINESS is published four times a year by 

President 

Kevin Brown 

Director & Group Publisher 

Sean Foley 

Accounting Manager 

Michele Therien 

2001 Sheppard Avenue East Suite 500 

Toronto, Ontario M2J 4Z8 

(416) 512-8186 Fax: (416) 512-8344 

e-mail: info@mediaedge.ca 

CONDOBUSINESS welcomes letters 

but accepts no responsibility for unsolicited 

manuscripts or photographs. 

Canadian Publications Mail Product 

Sales Agreement No. 40063056 ISSN 0849-6714 

All contents copyright MediaEdge Communications Inc. 

Printed in Canada on recycled paper. 

/condomediaedge 

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/condomediaedge

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MANAGEMENT 

Waste-Conscious Condos 

Educating residents about the deeper meaning behind proper waste handling 

The stakes are high for condominiums 

when it comes to seizing waste-diverting 

opportunities as households continue to be large contributors to landfills. 

As the latest report on municipal solid 

waste generation in Canada shows, 

between 2002 and 2020, overall waste 

rose by 17 per cent to reach 36 million 

tonnes. Although diversion from residential 

sources increased by 85 per cent during 

this time period, the amount of waste sent 

to disposal rose by 29 per cent. Data also 

varies depending on the province. Ontario 

produced the most residential waste for 

disposal in 2020 (3.8 million tonnes), a 

6 CONDOBUSINESS | Part of the REMI Network 

decline from two years prior, but still 11 per 

cent higher than in 2002. 

Promoting responsible waste management 

practices in condominiums can include 

enforcing rules when necessary to maintain 

high standards and engaging residents in 

conservation resources. 

Technology 

Cameras can be used to take videos and 

photos to identify emerging issues and 

BY KWAME 

ANANE FREMPONG 

report to property management, such as the 

improper disposal of waste materials and 

sharp objects that are harmful to cleaners. 

Mitigating strategies 

Residents who break waste management 

rules often claim that there is only one 

chute in their building. While most modern 

condos have separate chutes for garbage, 

food waste, and recycling, older buildings 

may only have one chute. This can lead to

MAINTENANCE 

improper disposal of various types of waste. 

While it may be inconvenient for residents 

to separate their waste and bring it to the 

designated room, this does not justify 

breaking the rules. 

The waste management of sites can be 

audited and necessary information shared 

with property managers. Cleaning supervisors 

can send monthly reports and infographics 

to property management and area 

managers who then share them with condo 

boards. Key information contained in these 

reports may include the number of times in a 

month that garbage and recycling machines 

had a maintenance issue and the cause of 

odours found inside garbage chutes and 

compactor rooms. 

On designated days, cleaners and 

superintendents can move waste and 

recycling bins to secure locations for 

scheduled pickups to protect them from 

vandalism or unauthorized use. 

By placing bins in a secure area, such as a 

locked storage room or enclosed space, the bins 

are less likely to be tampered with. This helps to 

ensure that the waste and recycling materials 

are properly collected, handled, and disposed 

of in an environmentally responsible manner. 

Storing the bins in secure locations can also help 

prevent animals from accessing and dispersing 

the contents, reducing potential litter and mess 

in the surrounding area. 

tamination of water sources, air pollution, 

and the spread of diseases, residents are 

more likely to understand the impact on 

individuals and communities. 

Using scent-free cleaning detergents 

approved by property management is also 

a health-friendly strategy. Cleaners often 

apply these detergents in waste/garbage 

and compactor rooms. 

Since residents enter designated areas 

in the garbage room to deposit items like 

batteries, bulbs, electronics, etc., into a 

labeled bin, a working partnership with 

companies collecting recyclables and 

hazardous materials is essential. 

Education 

Understanding the deeper meaning of proper 

waste handling—for instance, protecting 

ecosystems and reducing greenhouse gas 

emissions—may boost active participation 

in waste diversion efforts. 

Occasionally, sustainability events can 

inform residents about the deep connection 

between the environment and waste 

management practices. Waste Reduction 

Week in Canada is structured into seven daily 

themes, for instance, “Textiles Tuesday” and 

"Plastics Thursday.” “E-Waste Wednesday” 

focuses on electronic waste, which is quickly 

becoming one of the fastest growing waste 

streams in the world. 

Each daily theme can be highlighted and 

connected to waste management practices 

in the building. Display educational materials 

around the common areas: elevator TV 

screens, TV slideshows in lobby areas, 

emails and monthly newsletter publications. 

Residents can learn various facts about it 

and how to keep various materials out of 

landfills. 

Condos can also tap into outreach 

programs organized by local municipalities 

or community groups to raise 

awareness about proper waste disposal 

practices. 1 

Kwame Anane Frempong is the Client 

Relations Manager at Diamond Property 

Services. kwame@diamondps.ca 

BUILDING ENVELOPE SPECIALIST 

Fines 

After residents who violate waste disposal 

rules are given a warning, property 

management can decide to issue fines after 

a second warning. Each building has specific 

waste management rules for its residents. 

Common violations include dumping large 

items in the garbage chute room instead 

of the designated location in the garbage 

room, as well as leaving food waste in 

the chute room instead of disposing of it 

properly. These violations can result in fines 

being imposed. It goes to the board bank 

account to maintain some of the building’s 

expenditure. 

Health and safety 

Health and safety is a powerful motivator 

for encouraging residents to adopt responsible 

waste management practices. By highlighting 

the potential risks associated with 

improper waste disposal, such as con- 

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THE IMPORTANCE OF CLEAN AND 

MAINTAINED GARBAGE ROOMS IN 

MULTI-RESIDENTIAL BUILDINGS 

Waste disposal systems in multi-residential buildings are under 

a great amount of pressure. Every day, residents pack their 

garbage down the interconnecting metal chutes which make up 

a building’s garbage disposal system, culminating in the garbage 

room. Cleanliness and garbage rooms may not instantly seem 

conducive, but the sanitary health of the waste disposal room 

is more important than you think. Here, we learn from the MJW 

Team the importance of ensuring garbage room maintenance is 

never overlooked: 

1. Hygiene & Pests 

“Food waste and household garbage is going down chutes 

unbagged. This is creating problems.” - Frank Spadafora, General 

Manager of MJW Team 

• Health: Dirty trash chutes are a breeding ground for harmful 

bacteria and fungal pathogens which can significantly affect 

resident health. Ensuring a regular cleaning program will 

alleviate this risk. 

• Pest Infestations: If garbage chutes aren’t cleaned regularly, 

the walls get thick with grease and organic matter. This creates 

a food source for pests like cockroaches. If waste collection bins 

and rooms are not thoroughly cleaned, rodents can become 

a problem. Cockroaches, mice and rats are some of the pests 

that can thrive in unsanitary garbage rooms, rapidly breeding. 

A building manager can reduce pest control costs by keeping 

waste management systems clean. 

building staff—the same product that our teams use when onsite 

for scheduled cleanings.” - Albert Perri, Accounts and Business 

Development Manager of MJW Team 

• Unpleasant Odours: Regular cleaning helps control unpleasant 

odours which come from the garbage room making living 

conditions more pleasant for residents and guests. 

• Industrial-Grade Cleaning Products: In-between cleaning 

visits, MJW educates onsite staff on recommended cleaning 

products and odour control methods and provides helpful 

recommendations for day-to-day upkeep. When used properly, 

the industrial-grade cleaning products give your staff the upper 

hand with cleaning garbage areas. Coupled with eco-friendly 

odour control products from shopmjw.com, the dirtiest room in 

the building can be kept clean, safe and hygienic. 

2. Odour Control 

“Every time the garbage is picked up, the bin needs to be washed, 

and not just with water. We provide industrial degreaser to 

BEFORE 

AFTER


3. Equipment Preservation & Fire Safety Systems 

“Regular maintenance and cleaning of a building’s waste system 

allows for essential repairs to be identified and completed before 

they become an issue.” - Frank Spadafora, MJW Team 

• Damage to Equipment: While the first noticeable sign of a 

problem is often the lingering smell from the chute, garbage 

bin, and the garbage room itself, there’s a bigger problem to 

contend with. Grease, oil and residue eat away at the waste 

equipment—that’s when things stop working correctly. In 

addition, the corrosive nature of garbage eats away at floors 

and waterproofing systems. 

• Long-Term Savings: Establishing a regular cleaning regime 

preserves the life expectancy of waste disposal equipment and 

saves on emergency repair and replacement costs. 

• Fire Safety: A building’s garbage disposal system consists 

of a network of garbage chutes which collect garbage from 

building floors and lead it to the garbage compactor. The area 

is protected from fire by a fire damper, a spring-loaded shield 

device at the bottom of the garbage chute which is an essential 

life safety system. “If there’s a fire within the compactor, a 

mechanism within the fire damper melts away releasing a 

spring-loaded door so that the fire is unable to travel up the 

chute,” Spadafora explains. 

4. Maintenance Made Easy 

“Regardless of whether you’ve got a 5-storey or a 60-storey 

building, the condition of the garbage chute remains dirty and 

needs to be maintained.” - Frank Spadafora, MJW Team 

• Waste Equipment Maintenance Plan: For boards and managers, 

a specialized garbage room maintenance plan can ensure 

safer living conditions for residents, cut building maintenance 

costs, and save time. While the biggest complaints around 

garbage might be the smell and infestation concerns, the fire 

safety significance should not be overlooked. MJW offers a 

convenient waste equipment maintenance plan to make things 

easy for busy building managers. 

• Predictable Monthly Fee: Using a predictable monthly fee, 

garbage chute maintenance and odour control can be easily 

built into the property’s annual budget with payments spread 

out during the year. 

• Quality Control and Waste Equipment Inspection: Following a 

cleaning by MJW, a representative will return to the building to 

complete a Quality Control and waste equipment inspection. 

Going floor-by-floor checking chute doors, fire dampers, 

sorters, compactors and bins, MJW will provide a full report 

on the mechanical and sanitary health of the waste control 

equipment. Recommendations for any faulty or damaged parts 

are noted along with quotations for their repair or replacement. 

• Cost Savings: Extending the scope of possibilities, over the 

course of a three-year commitment, MJW maintenance plan 

clients ensure priority booking, and are able to take advantage 

of 10% off any other service offered by MJW, services which 

include underground and parking lot sweeping, washing and 

waterproofing, drains and catch basin cleaning, and parking lot 

striping and painting. 

Establishing a regular maintenance plan with MJW for waste 

disposal systems makes it easy for boards, building owners, and 

managers to focus on matters which really need their attention. 

The services offered by MJW play a crucial role in supporting clean, 

hygienic garbage rooms, positively impacting residents’ health and 

living conditions, and keeping budget costs down. 

MJW Team offers services throughout the Greater Toronto 

Area, London, Ottawa, and Montreal. To learn how the MJW 

team can help service your building, call 416-741-3999 or visit 

www.mjwcanada.ca.

Vancouver Landscaping Regulations 

Vancouver Council will gain more authority to 

impose landscaping requirements on new development and hand off 

responsibility for revoking dog licences under proposed amendments to the City’s 

charter. The British Columbia government characterizes the enabling legislation, 

which was recently tabled in Bill 4, as a tool to support Vancouver’s climate change 

adaptation policies and streamline administrative processes. 

Under current rules, Vancouver Council 

can pass a bylaw to establish 

requirements for “the provision, maintenance 

and retention of landscaping” 

in situations where a developer must 

seek special approval for a conditional 

land use or if the development site is 

located in a designated district or zone 

where special approvals are required. 

The proposed amendment would allow 

the City to broadly apply landscaping 


requirements as a condition of any 

development permit. 

Along with that, development 

proponents could be asked to submit 

supporting plans to show how they 

will ensure landscaping is introduced 

or retained and then maintained. They 

may also be required to produce and 

submit reports assessing a site’s existing 

landscape and/or the projected effects of 

proposed new landscaping. 

Meanwhile, Council would no longer 

have to act as the dog licensing court, 

with a proposed rule change to allow it 

to delegate that authority to an animal 

control officer employed on City staff. 

Currently, Vancouver’s chief licensing 

officer can recommend the revocation of 

a dog licence, but Council must make the 

final decision. Appeal processes for dog 

owners would remain in place with any 

shifting of authority. 1

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REVOLUTIONIZING 

PARKING LOT PAVING 

Introducing the World’s Most Innovative Solution to 

Pavement Deficiencies and Land Surveying 

They say that first impressions last a lifetime; this 

is still the case when it comes to condominiums. 

A condo’s parking lot is typically the first thing a 

visitor sets foot on, and a cracked, uneven surface speaks 

volumes. The condition of the asphalt shows how well a 

building is cared for and maintained, and hints of healthy 

financial planning. 

Potholes, pooling water, dips and depressions: it’s 

inevitable these issues will arise. When the time comes to 

repave your parking lot the work is dependent on budget 

and weather conditions. 

From a contractor’s perspective, a paving project 

typically begins with a manual survey and stake-out of the 

current asphalt conditions. This takes time, and involves 

taking photos, reviewing site maps, and evaluating square 

footage by using measuring wheels. 

Now, new technology is changing the playing field 

for surveying mechanisms. An innovation known as 

“SmoothRide” is now available in Ontario, allowing for 

very accurate, 3D surface scanning of paved areas. 

Forest Contractors Ltd. are the first in Ontario to offer 

SmoothRide scanning for roads and are believed to be 

the first worldwide to be using the innovation to redesign 

parking lots! 

Originally designed for roadways, SmoothRide is the 

first tech to combine Geographic Information Systems 

(GIS) and the Global Positioning System (GPS) into 

a unique paving solution. SmoothRide is designed to 

optimize the planning, design and execution of road and 

parking lot repaving projects, making them easier, more 

cost-effective, consistently better quality, and less hassle 

to manage from a disruption perspective. 

HOW IT WORKS: 

• Lidar scanning components are installed on Forest 

Contractor trucks. Using laptops to collect data, the full 

scope of the paved area is driven at the speed of moving 

traffic. Over 8500 data points per second are gathered. 

• After the parking lot or roadway is scanned, the 

data is uploaded into the SmoothRide software. 

The information is then provided to a designer who 

manually designs the paving requirements based 

on desired thickness, final grading and smoothness 

requirements, and who can then optimize how much 

asphalt is initially removed and later put back. 

• Milling, Paving, and Compacting work begins. Machines 

equipped with GPS are used to perfect grading to the 

nearest millimetre, to optimize elevations, and ensure 

that the thickness of asphalt and sub-base assures its 

maximum lifespan. Increasing the lifespan of asphalt 

means less asphalt repair long-term! 

Proposed slopes 

scan 

Shave and 

pave scan


BEFORE 

SMOOTHRIDE CAN INCREASE A PAVING PROJECT’S EFFICIENCY THROUGH: 

1. Quicker production speed 

Cumbersome and expensive manual 

surveys are no longer needed; the 

time to mill, grade and pave is shorter, 

and there’s greater confidence in the 

work being undertaken. 

2. Improved Accuracy and Visual 

Reporting 

Elevations are optimized and 

accurately designed at a 1.5-2% 

slope towards local drainage. 

Smoothness levels can be madeto-measure 

using SmoothRide’s 

adjustable settings. GIS and GPS 

technologies reduce risks of human 

error and deficiencies. 

The software provides mapped 

reporting of the existing paving’s 

condition, allowing Property 

Managers a better understanding 

of issues, and a detailed report to 

share with the Board or engineers 

and consultants. 

SmoothRide reports provide a 

benchmark which can be referred 

to in follow-up years to see how the 

successfully repair work has sustained. 

3. Reduced Costs & Timelines 

With a better understanding of 

what’s below the surface, the 

amount of asphalt removed and 

subsequently dumped at waste 

facilities is significantly lowered, 

and less new asphalt is used for 

AFTER 

the repaving process. This is better 

for the environment, and better for 

the budget. 

The improved fuel economy 

reduces each project’s carbon 

footprint, and since the mapping 

designs provide better project 

certainty, it is easier to schedule 

the project within a firm timeline, 

making it less burdensome for 

those affected by the work. 

4. Increased Sustainability 

SmoothRide Solutions optimizes the 

removal of old asphalt, minimizing the 

disposal of millings, and reducing the 

use of excess asphalt. The prolonged 

lifespan of the asphalt, coupled 

with the elimination of deficiencies 

and efficiency optimization, results 

in reduced overall waste on each 

project. The enhanced efficiency 

in work completion times also 

contributes to increased fuel 

economy and improved air quality, 

ultimately mitigating Forest’s 

asphalt plant emissions, and Forest’s 

environmental impact associated 

with construction activities. 

In cases where there are specific 

problem areas which may not warrant 

a full repaving project, SmoothRide 

makes it possible to complete a 

partial asphalt removal without 

removing asphalt in low areas, thus 

allowing for a sufficient slope to 

be created. This can significantly 

decrease overall costs to a client and 

is almost impossible to achieve using 

traditional surveying methods. 

Forest Contractors Ltd. are the 

first to offer this unique, innovative 

technology in Ontario. To book a visit 

with a site representative, or to find out 

more, please contact 416-951-2159 

or visit www.forestgroup.ca.

Before Hiring an Independent Contractor 

What should a contract include to 

prevent unwelcome costs? 

BY ASHLEY WINBERG 

With costs on the rise, many condominiums 

are choosing to retain independent 

contractors to provide superintendent 

and/or cleaning services, which tend to come 

at much more affordable rates in comparison 

to larger companies. 

Also, by retaining an independent contractor, 

as opposed to an employee, 

there is no need for a condominium to 

set aside funds for vacation pay, benefits 

and statutory deductions, such 

as CPP and EI. Independent contractors 

are also not entitled to reasonable 

notice of termination or pay in lieu 

thereof, which can save a condominium 

thousands of dollars upon the relationship 

coming to an end. 

However, problems arise when an independent 

contractor provides services to a 

condominium on paper as “independent 

contractor,” yet their relationship with 

the condominium resembles a traditional 

employer/employee relationship. 

In such a scenario, the independent contractor 

may be deemed by the courts to 

be an employee for the purposes of termination 

and, as such, may be entitled to 

reasonable notice of termination or pay in 

lieu thereof upon their relationship with 

the condominium being terminated. This 

can result in a condominium being forced 

to pay thousands of dollars as pay in lieu 

of notice and/or incurring exorbitant legal 

fees if sued for wrongful dismissal. 

A condominium can safeguard itself from 

the foregoing risks and benefit from the cost 

savings associated with retaining an independent 

contractor by ensuring that the solicitor 

prepares a carefully drafted contract in advance. 

To ensure that the contract achieves its 

intended purpose, it should contain provisions 

that reflect the following: 

1 

If the independent contractor is economically 

dependent on the condominium, 

they will be deemed to be an employee 

for termination purposes. Accordingly, the 

contract should be non-exclusive and enable 

the independent contractor to perform work 

for other condominiums. 

14 CONDOBUSINESS | Part of the REMI Network

LEGAL 

2 

The contract should also stipulate that 

the independent contractor is responsible 

for arranging and paying for their insurance, 

remitting their statutory deductions 

and taxes, and providing all of the tools and 

supplies required to perform the services 

under the contract. 

3 

If the independent contractor does not 

have some degree of control over the 

day-to-day performance of the services, it is 

more likely that a court will find that the independent 

contractor is an employee for termination 

purposes. Thus, the contract should be 

drafted in a manner that provides the independent 

contractor with some degree of control 

over how and when the services will be rendered 

on a daily basis. 

4 

A well drafted contract can only achieve 

its intended purpose if the parties govern 

their relationship in accordance with its 

terms. Accordingly, it is advised that a “failsafe” 

provision be included in the contract stipulating 

that if the independent contractor is deemed 

to be an employee of the condominium if and 

when the contract is terminated, the independent 

contractor’s entitlements upon the termination 

of the contract (and consequently 

their employment) will be limited to the minimum 

statutory entitlements provided under 

the Employment Standards Act (ESA). 

If such a clause is not included, the condominium 

runs the risk of the independent contractor 

being entitled to notice of termination or pay 

in lieu thereof at common law, which is always 

substantially more than the minimum entitlements 

provided under the ESA. 

If a condominium is considering retaining 

an independent contractor, it should ensure 

that its solicitor drafts a contract in advance 

of one being retained and that the contract 

contains provisions reflecting these recommendations. 

Doing so will allow the condominium 

to reap the cost savings associated 

with retaining an independent contractor, 

while at the same time, safeguarding itself 

from having to incur exorbitant costs upon 

the relationship being terminated. 1 

FROM CONDO BOARD 

TO INSULATION BOARD 

WE HAVE YOUR BACK 

Our clients know that one-stop-shop building expertise is at 

their fingertips. From performance audits and assessments to 

full construction packages, we’ll get it done. 

Consulting Engineers | Celebrating 20 Years of Working Together, Better 

www.pretiumeng.com 

Ashley Winberg is one of the leading 

condominium lawyers in Ontario and is the 

Head of Corporate Practice at Pulver on 

Condos, which is a boutique condominium law 

firm that provides specialized legal services to 

condominium corporations and unit owners 

throughout Ontario. Ashley can be reached at 

ashley@pulveroncondos.com. 



LIFESPAN OF FANCOIL UNITS: 

RETROFITS 

GONE WRONG 

How would your owners feel to pay a million dollars 

twice for the same capital project within three years? 

Whether the fan coil units are owned by the corporation or the unit owners, 

the condo board of directors has a duty of care and a financial interest in 

doing it right the first time. 

A fan coil unit (FCU) is the heating and cooling equipment commonly found 

in condominium and apartment dwelling units. When designing a building, an 

engineer uses a heat loss calculation, which is a function of the suite’s square 

footage and exterior insulation, to size each fan coil. The size, measured in 

CFM (cubic feet per minute of air) or in MBH (thousand BTUs per hour) of 

every fan coil in the building, usually in the hundreds, are summed and used 

to determine the size of the chiller, boiler, risers, and pumps. The fan coil units 

connect to a larger, corporation owned, holistic system. 

The useful lifespan of a fan coil is 20 to 25 years, after which there is an 

increased risk of floods, mold, and compromised indoor air quality. To properly 

replace a fan coil, regardless of whether it is owner owned or corporation 

owned, the board should follow these steps to ensure due diligence: 

1. Review the original specifications found in the mechanical drawings. 

Many performance specifications were calculated by hand and are not 

accurate to today’s performance standards. As a secondary assurance, 

physical coil sizes should be measured and inputted into AHRI 410 

standard software to calculate the performance specifications. 

2. Check with the original equipment manufacturer for the shop drawings 

or request them recalculate the specifications to standard AHRI 410. 

3. Ensure the performance specifications of the new equipment align with 

the existing corporation owned mechanical infrastructure. 

4. Ensure the replacement process follows today’s building codes and 

EACO Level 2 protocol to ensure resident and staff safety. 

HERE WE LOOK AT TWO PROJECTS THAT WENT WRONG: 

Example 1: A 30-year-old condominium in Burlington with over 200 units 

paid $1 million in 2018 to replace their fan coils, and then paid $1.3 million 

in 2021 to replace them again. 

Given the fan coil age and sufficient funds in the reserve, the board hired 

an engineering firm to manage replacement. The fan coil manufacturer 

chosen to build the replacement had inadequate experience. They 

attempted to copy the original design, without understanding the nuances 

of airflow and the need for a third-party performance certification. 

Consequently, this knock-off unit caused several expensive problems. 

The retrofit issues came to light within a year after the project. A 

resident called Unilux, because their original name plate was still on the 

access door, to complain about a lack of heating. Upon inspection, Unilux 

found the knock-off replacement fan coil unit to be under sized. Secondly, 

they lacked a name plate and a registered third-party inspection mark, 

such as ESA, ETL, UL, or CSA. These certifications are important to 

ensure that the mechanical equipment 1) performs as it should, and 2) 

will not cause an electrical fire. Thirdly, the drain pans had already rusted 

as the incorrect variant of stainless steel was used. Lastly, there were 

breaks in the thermal barrier within the cabinet, leading to condensation 

and drywall damage. 

Upon further inspection, these problems were found to be consistent 

throughout the building. After a two-year legal pursuit for compensation, 

the board chose to have all 200 fan coils re-replaced.


Example 2: A 43-year-old building in downtown Toronto had maintained a 

“hands off” approach to fan coil units, leaving the repair and replacement 

at the sole discretion of the individual owners. Without having a clear 

understanding of the communal effects their fan coil has on the rest of the 

building, owners looked online for the cheapest knock-off units available. 

This continued for many years until the multiple leaks and heating 

complaints reached a tipping point. In 2023 the board hired an engineering 

firm to perform an audit which uncovered under and oversized fan coil 

units and, once again, a lack of third-party certification. The replacement 

manufacturers were contacted to provide evidence of a third-party mark but 

were unable to do so. Due to this, the building has been flagged as a fire risk 

because the integrity of the electrical components could not be verified. 

The board is now debating whether to force all owners to re-replace their 

fan coil(s) or to hire a third party to certify the electrical components. Either 

option is costly. Owners are furious because the previous board neglected to 

vet manufacturers and installers on their behalf. 

To learn more, visit www.uniluxcrfc.com.

Keeping Plumbing 

Maintenance from Plummeting 

Best practices in the age of deferred maintenance 

Plumbing is often an avoided 

topic until it is not. Nobody likes to think 

about the ins and outs of sanitation and how water is being 

supplied to one’s faucet. It’s certainly not a magical place. 

BY VAL KHOMENKO, 

INGRID KULIK & DEREK SMENDRA 

Nonetheless, plumbing is a circulatory 

system of any community, whether 

it be a building complex or freehold 

townhomes. Often taken for granted, 

plumbing maintenance service providers 

are the unsung heroes of modern 

infrastructure. They silently work behind 

the scenes and on the front lines to provide 

communities with smooth functioning and 

flow of water and waste. 

However, as time and usage take its toll, 

plumbing systems deteriorate. Improper 

and deferred maintenance lead to disastrous 

results, causing hundreds of thousands 

in repair and replacement costs of 

the common elements. There are methods 

that condominiums must undertake to 

keep buildings healthy and systems flowing. 

This is achieved through key plumbing 

maintenance efforts and strategic replacement 

schedules. 


MAINTENANCE 

Implement a preventative maintenance 

schedule to key components. 

Have your kitchen stacks been cleaned? If 

not, a multi-year program with high pressure 

power flushing and using the latest 

manufactured equipment is key to prevention 

of backups and water damage. Vertical 

stacks can prevent the costly expense 

of pipe replacement, since debris inside 

the pipes eventually will become hard 

like a rock and cause major blockages. 

Have your valves responsible for water 

supply been checked and calibrated? If 

not, establish a maintenance schedule for 

your mixing, pressure regulating and backflow 

prevention devices to prevent service 

interruptions. Do you have your area 

drains and sump pits regularly inspected 

and cleaned? Otherwise, it’s time to bring 

that specialized truck to your property to 

suction the excess water and debris out of 

the drains. 

An ounce of prevention worth a pound of cure 

Plumbing inspections are often overlooked or 

delayed due to administrative reasons – bid gathering 

or while seeking approval. The preventative 

maintenance program of plumbing systems 

establishes key controls that help prevent water 

damage, secure energy efficiency, and comply 

with the pertinent regulations. 

The program must include both a physical 

and administrative approach. An annual full 

building maintenance program contract can 

be set up with a plumbing contractor so that 

all key component areas are attended to and 

serviced regularly. 

Here are best practices to ensure effective 

maintenance: 

Draft and carry out an inspection schedule 

to identify potential issues. 

Check drains for water level and valves for 

leaks. Regular visual inspection can ensure 

that the plumbing systems operate within the 

parameters and that water flows in the right 

direction. 

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Unilux fan coils are a simple, cost-effeccve soluuon for 

replacing aging units in buildings over 20 years old. 

Fan coil units deteriorate over me and most homeowners are shocked 

to discover how bad the problems are. Join the conversaaon today. 

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MAINTENANCE 

Maintain the records. 

Knowledge is a saviour when it comes to 

emergencies and maintaining the plumbing 

systems. Is your valve chart accurate 

and is the location of each valve known? 

Does your service provider have the necessary 

valve chart and equipment locations, 

including service maps and drawings 

of all the shut off valves, clean-outs, 

pumps, other key equipment in case of an 

emergency? Are they readily available? 

Educate the community and staff. 

Awareness of the plumbing systems and 

best practices nurtures and fosters healthy 

buildings. Residents and building staff need 

to be aware of the plumbing maintenance 

not only in the multiplex community but 

also within homes. When was the last time 

anyone checked the toilet seals or shut off 

valves to the water supply in the unit? 

Educating residents that dumping cooking 

waste particles, grease and cat litter, in particular, 

may cause a major clog in the drain 

piping system. Cat litter, particularly, will 

turn into concrete at the first piping offset, 

and even a plumber’s snake will not be able 

CONDOLAW.TO 

2300 Yonge Street, Suite 2900 

Box 2384 Toronto Ontario 

Canada M4P 1E4 

to break through the clog which may result 

in a pipe that may disconnect and cause a 

major flood. 

Are all staff members aware of the emergency 

procedures and how to communicate 

with residents when an emergency occurs? 

Staff templates for different scenarios could 

be helpful for timely and effective communication 

between the community, in-person or 

electronically. 

Preventative maintenance can keep 

the plumbing systems running for a prolonged 

period. There comes a time when 

the equipment is at its end of the life 

span and the system begins to exhibit 

deterioration. Domestic hot water running 

at high temperatures in a system 

not properly balanced at high velocity will 

quickly deteriorate the pipes and cause 

leaks in the system. 

Installing a Judo filter to the main incoming 

cold-water line can prevent all the debris 

found in domestic water piping, which leads 

to problems with cartridges being clogged 

up within the units in a high-rise building. 

The key to success: strategic replacement of 

plumbing components. 

416 489 5677 

416 489 7794 

condolaw.to 

With over 45 years of experience in condominium law, DSFM 

is legal counsel to over 500 condominium corporations, as 

well as condominium purchasers and homeowner groups, 

across Ontario. 

T 

F 

w 

Timing is everything 

Strategic replacement of plumbing equipment 

can deter costly emergencies and 

ensure longevity of the equipment. The considerations 

to keep in mind are: 

Age and performance issues: As the plumbing 

systems have a set life span, they could 

become prone to failures and inefficiencies. 

Consistent problems with leaks, clogs and 

corrosions prompt a discussion on full scale 

or sections of plumbing. 

Technological advances. The world of 

plumbing is flowing in the right direction 

when upgrading to newer materials, and 

technologies can improve water flow efficiency, 

reliability of the equipment and avoid 

unexpected breakdowns. 

Cost-benefit analysis. As replacement 

is considered, weigh in on the opportunity 

costs, the avoidance of future repairs and, 

most importantly, reduction of service. 

Environmental cost savings. Did you know 

that toilets account for almost 30 per cent 

of an average home’s water consumption? 

Consider water saving fixtures, which 

could drastically reduce the amount disposed, 

help the environment, and enlarge 

your pocket. 

By implementing preventative maintenance 

programs and strategic replacement 

schedules of various components, property 

managers and building owners can safeguard 

against costly emergencies, promote sustainability, 

and prevent costly disasters. 

Remember, the water may flow quietly, but 

the diligence and dedication behind its maintenance 

speak volumes in preserving the integrity 

of our infrastructure. 1 

Val Khomenko, RCM, OLCM is a Regional Condominium 

Manager with TSE Management 

Services Inc., providing full-service property 

management and consulting services in the 

Greater Toronto Area. 

Ingrid Kulik, RCM, CMCP is a Condominium 

Manager with Icon Property Management Ltd., 

providing full-service property management 

services in the Greater Toronto Area. 

Derek Smendra is the president and master 

plumber at ABM Plumbing and Heating 

Services Inc., a dedicated plumbing 

company serving condominium, commercial 

and industrial clients in the Greater Toronto 

Area since 2005. He can be reached at 

info@abmplumbing.com. 


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A MATTER OF 

PROTECTION: 

DIGITAL LOCKS REVAMP 

MULTI-RESIDENTIAL SECURITY 

For centuries, locks have secured our possessions, playing a vital 

role in our personal security. Traditional locks date back to the 

nineteenth century; some of the names established back then 

are still household names today. But the most common access 

credential — the traditional, mechanical key and deadbolt lock 

— has become outdated. A digital transformation is taking 

place: the internet, connectivity, and digital technology are 

merging and integrating into the locking industry ensuring 

heightened security for today and tomorrow. 

We’re already familiar with digitized security in the 

hospitality industry, where keycards have become the norm. 

The demand for safer, more secure buildings is now seeing 

digital technology merging with the multi-residential market. 

Recently, options for single-family residential smart 

deadbolts have boomed. However, their use in multiresidential 

properties has been limited since they lack 

integration with access control systems. Physical credentials 

such as keycards and fobs are now pivoting towards digital 

technologies like BLE (Bluetooth Low Energy) credentials. It’s 

as easy as tapping our phones. 

connect to Wi-Fi,” he says, “in a community-based system 

it can be difficult to manage. Having a larger system that’s 

not individually linked to each unit but can be managed 

centrally has value.” 

Traditional keys are typically made of six teeth which are 

easy to manipulate. “If you can see a mechanical key, you can 

copy it,” he warns. For many condominium and apartment 

buildings, a master key for all individual units is kept on-site 

allowing access in case of an emergency. If this key gets into 

the wrong hands, the results could be costly. Smart locks allow 

for heightened security, and a way to report and audit. If an 

investigation is needed, a full record is at hand: the locks read 

and write data, creating an indelible record of every entry. 

EASIER, SEAMLESS TECHNOLOGIES 

“We want technology to make our days easier and seamless,” 

explains Preston Grutzmacher, Residential Business Leader 

for SALTO WECOSYSTEM North America. “Investment into 

the property tech market has risen massively over the last five 

years. Much of that is geared towards the multi-family market.” 

Grutzmacher explains there are clear benefits to using 

digital tech in multi-residential buildings. “It’s easy to 

imagine the number of products we use in our homes that


“There’s an audit of every turn of the door handle, but this 

doesn’t mean it’s connected to the internet,” Grutzmacher 

says. “You want to control when a guest can come in—to 

give a credential that only works on specific days. Doing this 

through your smartphone doesn’t mean that your lock is 

connected to the internet in any way. Through a smartphone, 

a user can send a digital pass, and this connects with a unit 

lock or building’s main entry.” 

FUTURISTIC SECURITY FOR THE MULTI-RESIDENTIAL 

MARKET 

Designed specifically for the multi-residential market, Salto 

DBolt Touch is a standalone, battery powered smart lock ideal 

for updating existing mechanical deadbolts. A significant 

modernization for multi-residential communities, the Salto Dbolt 

Touch gives the property owner or building manager the ability 

to install individual locks that connect to the main management 

platform. Users can use their smartphone, or keycard or fob as 

their access credential, or choose to set up a PIN code. 

Perfect for both new builds and retrofits, the Salto Dbolt 

Touch is practical for multi-family applications and replaces a 

traditional deadbolt lock using the same hole — no drilling or 

wiring is needed. 

The Salto Dbolt Touch connects to the Salto Homelok 

management software. From Salto’s cloud-based Homelok 

application, building managers can access information via 

their laptop or computer and single-handedly manage all locks 

in the facility. 

The Salto DBolt Touch is also ready for whatever comes 

next in the digital locking industry, allowing for flexibility in 

access control methods, and avoiding the need for hardware 

changes even as software evolves. 

SMART LOCKS AND CYBER SECURITY 

To ensure absolute security, SALTO WECOSYSTEM locks get 

put through rigorous third-party testing with governmenttrusted 

agencies. Choosing a trusted brand is important. Salto 

has partnered with Apple Wallet to allow for Apple credentials 

to integrate with Homelok. 

The nouveau design of smart locks is pleasing to the eye 

and fits with a modern aesthetic. Offering unparalleled 

convenience and security, Salto continues to champion new 

technologies and be a leader in the innovation of digital 

locking mechanisms. The future is ready to unlock. 

To learn how your building can benefit, visit 

www.saltosystems.com.

Deferring Capital Project Work 

Construction cost inflation conjures advice from the field about prolonging equipment life 

Many condo corporations are feeling the pinch of 

inflation, which is putting pressure on reserve funds and prompting 

special assessments in some cases. While residential construction costs trended down 

in 2023 compared to the double-digit increases seen in 2022, prices remain higher than they once 

were due to skilled labour shortages, rising material prices and higher interest rates. 

Residential construction inflation was 

10.08 per cent, year-over-year in Q4 

2023, which is still higher than the long-term 

average of 4.66 per cent, Chris MacMillan, 

owner of Avid Capital Reserve Planning, 

observed during an online discussion, hosted 

by CCI Huronia. “We have seen exorbitant 

increases in costs in recent years, which 

has led to a shortfall in funding for many 

corporations,” he said. 

“The shortfall can be realized in the shortterm 

when reviewing the bids for recently 

tendered work and comparing those costs to 

your current fund balances or passed budgets. 

But it can crop up in the long-term when your 

reserve fund study is updated with current 

costs and inflation rates are applied to future 

work.” 

The industry panel discussed what major 

repairs and replacement costs could potentially 

be deferred by prolonging the life of various 

building components and what professional 

resources to seek out for guidance on the 

matter. 

Weighing the decision 

Reserve fund studies include a physical analysis 

with an assessment of each item to determine 

its remaining life. MacMillan also noted 

the limitations of basic studies, which do not 

include detailed condition assessments or 

invasive investigations that could generate 

more options for corporations looking to prolong 

the life of capital assets. 

“Reserve fund estimates are subjective; 

they are based on planners’ understanding 

of the life cycle of building components and 


MAINTENANCE 

their experience gained from observing buildings,” 

he noted. “We are giving you our best 

guess; the study is a financial document based 

on the visual inspection of a sampling of the components 

where feasible and based on interviews 

with directors and agents of the corporation.” 

Boards may wrestle with the decision around 

phasing or deferring projects. MacMillan laid out 

three factors to consider before formulating a 

plan: a risk assessment to determine potential 

safety issues such as poor air quality or excessive 

heat; business interruptions or financial loss; and 

secondary damage that might escalate costs. 

“In weighing those decisions, remember in 

Section 37 of the Act, a director is not liable if 

relying on good faith on a report or opinion from 

a professional,” he noted. 

described the importance of making sure a 

chiller receives its mid-life overhaul, which 

typically happens at the 12 to 15-year mark. 

He said this his can cost between $7,500 to 

$150,000, depending on the size and number 

of chillers. 

“Many property managers and board members 

have asked me, ‘Do I need to do this’? 

The answer is and should be yes,” he stressed. 

“This is similar to changing the oil in your car.” 

A chiller had a bearing failure at a 

Toronto condo building. This caused one 

of the major components to break, ultimately 

destroying the machine at the 

beginning of summer. Contractors can 

identify potential issues at this midlife 

mark and replace necessary parts 

to ensure the equipment performs as 

expected over the next 15 years. 

Protecting concrete components and 

waterproofing 

“What we’re seeing is that even though 

inflation is starting to temper, the actual 

SOLUTIONS FOR WHAT YOU CAN’T SEE 

Mechanical building systems 

Jeff Livingstone of Pretium Engineering leads 

the mechanical engineering division. Some 

invasive en-suite mechanical projects include 

fan coil replacements, heat pump units and 

perimeter radiation heating units, which he says 

can cost anywhere between $500,000 to $5 

million depending on the size of a building and 

whether riser pipes are being replaced. 

Domestic water riser replacements are also 

invasive and can potentially be pushed off every 

50 years instead of 40 years, he suggested. At 

one condo where he was conducting a feasibility 

study, a condo’s reserve fund study determined 

its domestic water risers were in need of replacement 

due to reaching a typical 50-year lifespan. 

The two 20-storey condos had never experienced 

a single pinhole leak or pipe failure across those 

decades, so the engineering team dove deeper 

into their investigation using ultrasonic pipe thickness 

testing, which can be used for any type of 

riser, typically steel, copper and cast iron. 

“We were surprised to find the thickness of 

the piping was actually equal to and in some 

cases thicker than the gauge of new piping that 

we would have installed today,” said Livingstone. 

“They don’t make things like they used to.” 

The original cost estimate was nearly $6 

million for full replacement of the risers across 

both buildings, but the project is now being 

revisited in about 5 years. 

“This was an opportunity for a building that 

could have gone in blindly and done a major 

renovation, but because they were willing to 

take the time and do the study, they are now 

pushing off this major project for some number 

of years,” he said. “Being proactive turned out 

to be a really valuable resource.” 

Being mindful of scheduled maintenance 

outlined in the reserve fund is key. Livingstone 

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MAINTENANCE 

construction prices are not, at least if you’re 

looking at your construction prices from one 

reserve study to the next; you’re going to see 

a big jump,” said Jeremy Nixon, an engineer 

with Brown and Beattie. 

Deferring concrete projects for balconies 

and garages are increasingly seen as an 

unhelpful strategy. “The costs of concrete 

tend to escalate at greater rates than are often 

carried in reserve funds studies,” he noted. 

“Concrete has the potential to get exponentially 

worse in time the more you defer.” 

Depending on the case, there may be an 

opportunity to defer if pieces of concrete are 

not falling off. He also suggested looking at 

the corrosion of embedded steel. “The longer 

you leave things un-repaired, the worse 

they can get,” he said. 

In garages, waterproofing should be kept 

in good condition because the salt that cars 

transport inside causes steel to deteriorate at 

an accelerated rate. Nixon said there are pricey 

alternatives to chloride salt, but the operational 

cost might save some capital cost over 

time by extending the element's life. 

Methods for waterproofing have greatly 

evolved over the past 30 years. “There was 

a time when we didn’t even waterproof our 

garages, at least the interior slabs, but we 

learned that was a really bad thing,” said 

Nixon. “Anyone who operates on one of 

those older buildings has probably gone 

through at least one major restoration. 

“They are at a bit of a lifetime disadvantage 

unfortunately. If it hasn’t been totally 

replaced, you’ll still have those embedded 

chlorides in those un-repaired areas. With a 

good waterproofing system on it you’re at 

least limiting the introduction of new salts.” 

Strategies in newer buildings that have 

been waterproofing for 25 to 30 years are 

different, he noted. “Increasingly, there is 

more emphasis on local repair of the waterproofing, 

perhaps in more regular intervals. 

Understanding how exponentially damaging 

unprotected concrete can be should factor 

into some early thinking.” 

Refurbishment alternatives for cladding 

and windows 

Jon Dickson, an engineer with Pretium Engineering, 

often encounters significant shortfalls 

when providing cost estimates during the 

pre-design assessment or design process. For 

a window replacement project at a Toronto 

condo, he discovered a shortfall of more than 

twice what the corporation had planned in their 

reserve fund. The updated budget revealed a 

price tag around $6.5 million. 

Due to a lengthy deferral of the window 

replacement, there was leakage in several 

units, condensation throughout the building, 

and temperature imbalances where residents 

were either overheating or freezing, depending 

on their unit’s location. The corporation 

underwent the borrowing bylaw process; 

however, the majority of owners lived outside 

Canada. It took them over two years to 

pass the bylaw to accomplish the work. 

“If you are the property manager or 

board member for a building, which is 

highly dependent on rentals, so close to 

universities, schools, etc., passing a borrowing 

bylaw in your building can be a 

very difficult process,” he noted. “Just 

achieving quorum can be difficult.” 

Delayed projects could also advance 

into other capital work. Reserve funds are 

spaced out to prevent a snowball effect. “If 

you see a major capital expenditure project 

coming up in the next few years, I’d recommend 

you conduct a condition assessment 

to get what the real value is,” cautioned 

Dickson. “Make sure that if you do have to 

scramble, you have time to do so without 

negatively impacting the building.” 

Sometimes, window replacement projects 

can be deferred to a future year. In one case, 

a three-tower, 1000-unit condo deferred what 

would have been a $10 million-plus project. 

“The window replacement in their reserve 

fund is on an as-needed basis, but they were 

getting to the point where it was needed,” he 

said. The units, which began leaking one by 

one, were replaced randomly until the yearly 

allowance was exceeded. However, this 

caused an equity issue in the building and a 

mismatched exterior. 

Deciding to do a whole replacement was 

inevitable, but a conditioning assessment found 

that 5 to 7 years was a reasonabletime frame 

in which to defer this line item. The project 

moved from a localized approach to a wholesale 

approach. 

If corporations cannot pay for the major 

replacements scheduled in their reserve fund 

study, they can also question if a problem truly 

exists. Depending on the case, some work can 

be completed for the short-term and the rest 

deferred for a future year. 

A two-tower condo of 400 units was 

experiencing widespread leakage from 

the perimeters of the windows. Residents 

were also complaining about its exterior 

appearance. The condo planned to undertake 

a full window replacement, which 

was more than double the price than 

anticipated. 

It was determined the project could be 

deferred up to 10 years if current work 

was executed: full replacement of sealant 

around the windows, rejuvenating the 

exterior through painting to address premature 

corrosion, and localized replacement 

of the hardware. 

“By undertaking a project that was less 

than eighth of the cost of the replacement, 

they were able to defer the replacement 

by 10 years and generate the capital 

accordingly,” said Dickson. “Looking at 

the long term, this is likely a more expensive 

option because you have to access 

the exterior of the building twice; however, 

it was really their only option with the 

financial situation in front of them.” 

At another condo, the corporation 

replaced all its sealant due to leakage 

through cladding systems, costing around 

$800,000. But the leakage occurred two 

years later. “After investigating, we found 

that the leakage was actually occurring 

behind the brick; it was a membrane tie-in 

between the brick and windows, not the 

exterior sealant,” said Dickson. “If you 

are choosing to modify the scope, make 

sure you are modifying the right portion to 

address the problems that you have.” 

Bringing in professionals 

Once detailed reports on a building’s condition 

are sent to reserve fund planners, they 

can use that information to determine potential 

options and calculate the impacts on 

funding needs, suggested MacMillan. 

“Perhaps there is a cash flow issue, and 

slight modifications to the expenditure plan 

will avoid a special assessment,” he said. 

“But if the motivation is to keep monthly fees 

lower, from my experience, just slight deferral 

of work will not often make much of an 

impact on paper.” 

Bringing in professionals helps with this 

decision-making, said Sonja Hodis, a condo 

lawyer with Hodis Law who also moderated 

the event. “You may have to spend a little 

bit of money upfront to be able to defer the 

larger expense down the road, so you need 

to prepare and budget for that as well.” 1 


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CONDOMINIUM REPIPING: 

A Second Wave of Plumbing Failure 

The second wave of plumbing failure has arrived. First it 

was Kitec, which caused chaos and floods in buildings 

due to the use of two dissimilar metals in the plumbing 

system. And now there’s another system raising eyebrows, and 

budget expenditures. 

Although on a smaller scale, the newest pandemic in 

plumbing failure is epoxy-lined plumbing pipes. Around 2010, 

building owners began relining rather than replacing their piping 

to save costs. Now, the epoxy linings are failing, causing major 

blockages in the water and heating systems. A temporary repair 

to unblock the lines can cost tens of thousands of dollars, and 

even though fan coil units and heat pumps are often the 

responsibility of the individual unit owner, buildings with epoxylined 

heating or air conditioning risers are discovering that since 

the deficiency lies outside of the unit boundary, the corporation 

could be responsible for the repair or replacement of the fan coil 

or heat pump. 

“We are finding in some of the newer buildings with epoxy 

piping that the risers are failing prematurely and causing leaks, 

some of them catastrophic,” says Mark Cohen, founder of 

Jermark Plumbing and Mechanical, a company which specializes 

in high-rise properties. “And we’re finding a lot of older buildings 

with copper piping are also starting to fail.” 

According to Cohen, the industry is currently incredibly busy 

due to work previously delayed during Covid. “The industry is 

still trying to catch up, and the cost to repair water damage is 

escalating,” he says. 

HOW TO CHOOSE A REPIPING COMPANY 

While the process of repiping is invasive for residents, the work 

is a lot less intrusive and damaging than the possibilities 

resulting from a flood. Residents will feel more comfortable if 

they have confidence with the contractors doing the job, and for 

those receiving and reviewing quotes, that means spending time 

qualifying the right companies for the job and not jumping at the 

cheapest pricing. 

“I always recommend an engineer be hired and consulted to 

investigate,” comments Cohen. When the work goes to tender, 

he urges a Board of Directors to consider the following: 

• Length of Time in Business: Many new companies try to enter 

this market and fail, he says, suggesting the company 

chosen should have experience repiping buildings for “at 

least 15 years, if not longer.” 

• Master Plumber’s License: Does the principal of the company 

hold their Master Plumber’s license or are they renting one 

from someone that may not be working daily for the 

company? A Master Plumber’s license is needed to get a 

business license with the City of Toronto. “Some companies 

reside outside of Toronto as a way to sidestep the credentials,” 

Cohen warns.


• Ontario College of Trades membership: Insist on having a copy of each plumber’s 

Ontario College of Trades membership number, and verify they are working for the 

company you are using. 

• No Sub-Contracting: Ensure the company does not subcontract the plumbing portion 

of the project. Make sure this is stated in the tender documents directly. 

• Make the “A” list: Newer companies with less experience may have challenges 

completing large projects on time. Ask the “A-listers” to tender the project. 

• Ten Year Warranty: Request a 10-year warranty on the piping in the tender documents. 

Despite the known issues with some times of piping, a few buildings have held out 

and not yet replaced the piping due to the cost and being underfunded. According 

Low Zone Duel mixing valves installed… running 

beautifully as per engineering specifications. 

One of our experience plumbers soldering a 

domestic hotcold riser 

Insulation and fire stop installed 

Mark Cohen is the founder of Jermark Plumbing. Established in 1982 in the city of 

Toronto, the company specializes in repiping and plumbing for the high-rise industry. 

Cohen is the principal of the company and holds his Master Plumber’s License. 

Learn more at www.jermark.ca. 

to Cohen, this is now creating an issue 

with insurance companies. “Some 

buildings are being told that coverage for 

flood is not offered, or the cost of their 

deductible is increasing to hundreds of 

thousands of dollars.” 

If you’re starting to see four or five leaks 

in a one-month period, Cohen recommends 

consulting with an engineer to determine 

the severity of the problem: “Even if your 

Reserve Fund says you don’t need to 

repipe your building for another twenty 

years—if you’re getting leaks—you need to 

deal with it.” 

Understandably, a Board of Directors 

may feel nervous about announcing such 

a big project. Not only is it expensive (does 

this mean a special assessment?), but it 

also means contractors coming into 

private residences to complete 

considerably noisy and dusty work and 

making some people uncomfortable. 

During Jermark piping contracts, a 

representative will meet with residents to 

explain what’s going on. “This helps them 

understand the work and feel better about 

the project,” Cohen explains. 

In a high-rise, plumbing failures don’t go 

unnoticed. If you have concerns or 

questions, Mark invites you to email him 

directly at mcohen@jermark.ca. If there’s 

an emergency, use dispatch@jermark.ca. 

For general information, please contact 

416-789-7611 during offfice hours.

FEATURE 

ALL’S 

‘WELL’ IN 

TORONTO 

Buildings have a huge influence on both physical and mental health and wellbeing. 

Minto is pioneering the Canadian adoption of an architectural benchmark 

that addresses this matter in residential communities.

FEATURE 

The rooftop reconnects residents to nature. Photo by Binyan Studios and Minto Communities. 


FEATURE 

123 Portland, a brand new boutique 

condominium in downtown Toronto’s 

King West neighbourhood, developed 

by Minto Communities, is the first in Canada 

to pilot the WELL for residential program, 

which sets out to create healthier, more 

resilient homes. 

The WELL standard came onto the 

scene 10 years ago and has since widened 

its scope based on evolving research. 

Described as a roadmap for creating and 

certifying spaces that advance human health 

and well-being, the program has manifested 

throughout offices and other commercial 

spaces. It’s been called the first peoplecentred 

standard for the built environment. 

By implementing ten wellness concepts: 

air, water, nourishment, light, movement, 

thermal comfort, sound, materials, and mind 

and community, spaces can exceed industry 

averages in performance and sustainability. 

But applying WELL to residential buildings 

has never materialized until recently. 

Standards and regulations focused on resident 

health are lacking overall. Carl Pawlowski, 

senior manager of sustainability at Minto 

Communities, says the pandemic is one key 

motivator that has pushed people to focus 

on health and well-being in general. This 

new iteration presents an evidence-based 

approach that shows what features can 

actually impact condo residents and staff 

when they’re inside their buildings. “It gives 

some trust and validation,” he says. 

There is also the larger impact it holds for 

the overall housing market, according to Olesy 

Alekseev, vice-president and Canada lead for 

the International WELL Building Institute. “As 

we set out to address the growing housing 

demand for the rapidly increasing population 

in Canada, it is essential to prioritize healthy 

homes designed, built and operated for longterm 

resilience,” he said in a statement last 

November. 

Over the past two years, a team of 20 

builders and developers worked alongside 

more than 100 advisors from the IWBI to 

bring various insights and recommendations 

The exterior envelope is insulated with glazing that 

offers sufficient daylight and maintains energy 

efficiency. Photo courtesy of Binyan Studios & 

Minto Communities. 


to the new program, which consists of more 

than 100 health strategies for both new and 

existing residences, from single-family homes 

to multi-residential buildings. When it opened 

for enrollment last year, 25 pilot participants 

from around the world jumped on board, 

including Minto Communities. 

Before that, Minto had been pursuing the 

existing version of the WELL standard at 123 

Portland until it switched over midstream. 

The new residential-focused version doesn't 

follow some of the traditional scoring 

framework seen in commercial buildings. 

“There are no Silver, Gold and Platinum 

(certification levels) that you’ll see in the 

existing standard,” says Pawlowski. “It’s 

more like a scale, so the idea is more tangible 

to homeowners where their unit would 

achieve x number of points out of 198. That’s 

a bit easier to comprehend how the unit is 

performing.” 

Fundamentally, all the categories of WELL 

remain the same, but once a developer digs 

into the details, weighing them might differ 

within a residential context or due to the 

technical requirements. Some might be more 

relevant in a home where people are spending 

the majority of their time. 

There are components that can be tied to 

the units or common areas. It depends on the 

exact requirements and where it makes sense 

to implement features. 

“Looking at air quality for example, people 

are spending all night sleeping in their suite, 

so maybe you’re going to prioritize that over 

spending money on a common area where 

people are there for maybe only an hour,” 

Pawlowski explains. “In terms of sound 

attenuation, maybe you’re doing a bit more 

around the gym or units adjacent to those 

areas.” 

The 116-suite condo has been under 

construction for a number of years. Residents 

began moving into their units in December 

2023, with more to follow. The Parisianinspired 

condo has all the fittings one would 

expect these days—a 24-hour concierge, 

parcel storage, a co-working space and 

building-wide Wi-Fi—but there’s much more 

when it comes to health and wellness. 

Those who are using the gym will find 

noise-reducing flooring and towering windows 

From top to bottom: Hardwood floors give way to French doors in a living suite; two-storey, brass-lined 

arches exemplify the magnificence of the lobby. Photos by Binyan Studios and Minto Communities. 


FEATURE 

for natural light. On the roof, 15-storeys up, are 

unprogrammed spaces for morning fitness 

routines and lush green plantings that connect 

residents to nature. Biophilic design is also 

incorporated into the interior finishing through 

natural and textured materials. 

To keep air quality high, the design used 

low volatile organic compound paints, 

sealants, adhesives, flooring materials and 

insulation, supported by an ionized air system. 

Chemical and scent-free cleaning systems are 

used in the common areas. 

The amenities are designed to “catalyze 

social interaction,” such as the lounge area. 

According to the website, they aim to inspire 

a mindful routine and “reestablish what it 

means to connect as a community.” 

Companies earn the WELL Residence 

seal upon completion of third-party review 

and verification of the selected strategies 

the developer used. A home must achieve a 

minimum of 40 points to become certified. 

Projects can also become pre-certified as a 

WELL Residence before construction so that 

developers can communicate that during the 

sales launch. “People aren’t waiting a year or 

two after occupancy to get certification; they 

can see it’s been reviewed and verified before 

they even make a purchasing decision,” says 

Pawlowski. “Especially in the market today it 

is a huge differentiation.” 

Pending how the pilot meets certain 

expectations, Minto will look at its portfolio 

and consider undertaking the standard 

elsewhere. 

“With the standard being applicable to both 

new and existing buildings, it also means that 

if we design a building to achieve 80 points, 

an individual unit owner can, down the road, 

make improvements to their suite to bring 

their score up. That will differentiate their unit 

versus the rest in the building or other homes 

in the community. 

“This makes it a bit more tangible to 

them and it gives them an opportunity to be 

engaged in the process. . . and a framework 

to work off of. I think that’s really interesting 

for keeping the program moving forward.” 1 

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MANAGEMENT 

Upswing in Defaulted Real Estate Loans 

Best remedies for lenders and borrowers vary 

An upswing in defaulted real estate 

loans signals a continued downward trend in the 

market cycle. 

Developers with in-progress residential 

condominium projects are particularly 

struggling with insolvency, but legal 

specialists who advise both lenders and 

borrowers report a growing demand for 

remedies across all types of distressed 

properties. 

Most discussions I’ve had involve mezzanine 

lenders, private lenders and those who 

charge higher interest rates and are more 

susceptible to these kinds of upsets in the 

market,” Norman Kahn, a partner with Aird & 

Berlis LLP’s real estate group, reported during 

a recent webinar. “But, from calls I’ve had 

from some of my institutional clients, I know 

they’re also getting ready, expecting there 

will be mortgage defaults coming their way.” 

Many creditors and debtors are now grappling 

with the fallout from a largely unexpected 

change in market conditions over the 

BY BARBARA CARSS 

course of their loan agreements. Kahn noted 

that his 42-year career has thus far encompassed 

two real estate recessions, but, tellingly, 

they occurred in the early 1980s and 

early 1990s. With a majority of today’s real 

estate players lacking familiarity with those 

times, he and other Aird & Berlis colleagues 

offered something of a crash course in the 

machinations of power of sale, foreclosure, 

judicial sale, receivership and workouts. 


DEVELOPMENT 

they complete projects. For now, that’s primarily 

flowing through to subordinated debt 

holders when lenders are affected. 

“It hasn’t got up to the senior secured level 

yet, but it may get there,” Billard mused. 

Beginning with the most precarious market 

segment, Sam Billard, a partner with Aird 

& Berlis’ financial services group, stressed 

that condo projects are most vulnerable to 

unexpected upheaval during the construction 

period when their financing has been 

fixed and they can’t generate income until 

completion. Typically, developers look to presell 

about 70 per cent of the units and use 

deposits from those buyers to secure the 

remainder of their financing. Prior to 2020, 

they could generally expect to retain 10 to 20 

per cent of total funds from unit sales once 

they had completed the project and paid off 

the construction loans, but delays and spiking 

costs have recently eroded those margins. 

Statistics Canada has pegged construction 

cost inflation at about 80 per cent between 

the second quarters of 2020 and 2022, 

which occurred alongside pandemic-related 

work slowdowns or outright stoppages and 

supply chain constraints. Even if developers 

had foreseen that trio of challenges coming, 

it’s unlikely they could have successfully 

accounted for it in unit presales. 

“When you’re selling on day one, you 

couldn’t tell people: You have to pay double 

the (current) market rate to get your condo. 

Nobody could price that much price increase 

into a presale contract; you wouldn’t sell 

it,” Billard observed. “Also, they have been 

working on slower cycles and delays are rampant. 

If you start out at 15 per cent recovery 

on the basis of an 18-month construction 

cycle and that becomes as 36-month construction 

cycle, that’s a problem.” 

He concludes that most developers in 

southwestern Ontario are taking losses as 

Power of sale unfolds outside the courts 

sketched out the relative merits of power of 

sale versus foreclosure and some scenarios 

in which each approach may work best 

for lenders or borrowers. Either action must 

begin with a series of required steps to give 

debtors notification and time to repay the 

loan, but power of sale is typically faster and 

less costly because it does not involve court 

proceedings. Meanwhile, Sanjeev Mitra, a 

partner in Aird & Berlis’ financial services 

group, explained that receivership, which 

involves a licensed third party to oversee all 

aspects of recovering funds owing, is typically 

more time-consuming and costly than 

either power of sale or foreclosure, but is 

often favoured for complicated insolvencies 

with multiple creditors. 

Through power of sale — which is 

authorized under Ontario’s Mortgages Act 

(or equivalent statutes in other provinces) 

and is generally also contractually stated in 

mortgages — creditors take possession of 

and sell a property in order to recoup the 

debt. This option allows them to recover the 

defaulted loan amount only and makes them 

responsible for disbursing surplus earnings 

from the property sale to other creditors and/ 

or back to the borrower. 

On the flipside, lenders have the right to 

pursue borrowers for the remaining loan 

amount if the property sale is insufficient to 

cover the debt. Since creditors don’t take 

ownership of the insolvent property, they 

avoid land transfer tax and many obligations 

that landlords incur, although there are special 

circumstances for power of sale of a 

residential complex. 


DEVELOPMENT 

“The other big liability you try to avoid is, 

of course, environmental issues. So that’s 

the best way to keep yourself out of it,” 

Kahn said. 

For their part, insolvent borrowers can 

legally challenge a power sale and require 

creditors to prove it is valid. Beyond adhering 

to statutory or contractual requirements 

for notifying borrowers and providing time 

repay the debt, creditors must be able to 

prove the sale price reflects the property’s 

market value. 

DEDICATED IN PROVIDING PROFESSIONAL 

AND EXCEPTIONAL SERVICE 

“The best practice would be to make 

sure that you’ve got at least two appropriate 

appraisals from appraisers who understand 

the market, and that you have listed 

the property with an appropriate real estate 

broker who markets the property appropriately, 

advertising it widely to the appropriate 

audience,” Kahn advised. “If you can 

establish you’ve done that and sold the 

property within the appraisal values, you 

are likely to be okay.” 

WE PUT OUR EMPLOYEES 

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Foreclosure claims often converted to 

judicial sales 

With foreclosure, creditors take ownership of 

the property in exchange for the debt. In doing 

so, they pay land transfer tax, relinquish the 

right to further pursue the borrower and are 

entitled to keep all profits from the eventual 

sale of the property. However, other legal 

mechanisms to protect borrowers makes this a 

relatively rare outcome. 

Foreclosure is a legal proceeding, which 

begins when the creditor issues a statement 

of claim. At this point, the borrower can appeal 

to the court to convert the foreclosure to a judicial 

sale. If granted, that will force the creditor 

to sell rather than hold the property and it will 

reestablish other creditors’ and the borrower’s 

entitlement to any surplus proceeds beyond the 

amount owing. Kahn likened judicial sales to the 

power of sale process, but with court oversight 

that eliminates the debtor’s ability to challenge 

its validity. 

“If the lender wants to foreclose on the property 

and the borrower has good grounds to 

believe that the property is worth more than 

the amount of the debt, the bar is low to go to 

court, within a certain time limit, and require 

the court to turn that into a judicial sale,” he 

said. “The reason is, the borrower should have 

the right to redeem the mortgage to pay it off 

and get an accounting if there are excess proceeds.” 

A straightforward foreclosure is most likely 

to occur in cases where the debt surpasses the 

value of property. In this, Kahn speculated there 

could eventually be a payoff if the new owners 

hold it until market conditions change. 

“If you have patience and patient money, you 

may think: well this property may turn around in 

the future and I may take a windfall on it down 

the road with a redevelopment. Foreclosure, in 

those circumstances, may make some sense,” 

he mused. “The reason the remedy is not used 

very often is because, in most instances, a borrower 

will require you to sell the property under 

judicial sale so you’re stuck with selling it anyway, 

especially if the property is worth more 

than the value of your mortgage.” 

Receivership relies on licensed third-party 

trustee 

Receivership unfolds similarly to a judicial sale, 

but with the third party receiver administering 

it. In some cases, a mortgage contract will 

include authority to appoint a receiver, but, 

more commonly, receivers are court appointed 

and act as legal officers of the court. 


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DEVELOPMENT 

“Usually when you’ve got an insolvent 

situation, all the creditors are scrambling to 

try to get their money back. The receiver 

focuses first on monetizing the collateral and 

then taking steps to distribute to the creditors 

based on the statutory scheme of priorities 

— property taxes get paid out first; the first 

mortgagee gets paid out next; there may be 

CRA (Canada Revenue Agency) trust claims; 

there may be unsecured creditors; there may 

be new claimants,” Mitra said. “It’s complicated, 

but that’s one of the reasons that you 

have a court supervised process. It’s meant 

to get priorities and disputes resolved and 

moneys paid to the correct parties as transparently 

and efficiently as possible.” 

Receivers also oversee any required 

emergency maintenance and repairs or 

ongoing property management, as well as 

the marketing and sales process. Much of 

the added costliness of the process is for 

covering the receiver’s professional services, 

which, along with property tax, take 

precedence over other claims. 

“If you’re going down this route, you 

want to know that there’s probably 

enough equity to pay for this process,” 

Mitra said. “The other reason you might 

be using a receiver is if there are some 

environmental concerns and the lender 

doesn’t want to even risk getting associated 

with the project — let the receiver 

and the court make the determination as 

to how the property should be wound 

down, decommissioned or sold.” 

Workouts derived from lender-borrower 

collaboration 

Alternatively, lenders and borrowers may 

choose to resolve a default collaboratively 

through a workout. Such a plan and schedule 

for remedying the debt could be enacted 

through amendments to the original loan 

agreement or a forbearance agreement, 

which is a new contract stating conditions 

the borrower must fulfill. 

“It’s a lot less risky and more efficient 

to get a voluntary payout than going 

through the process of enforcement, but it 

requires a good level of trust and cooperation 

between the borrower and lender,” 

maintained Mistrale Lepage-Chouinard, 

a partner with Aird & Berlis’ real estate 

group. “On the borrower’s side, it requires 

a solid plan to remedy the situation. On 

the lender’s side, it requires some financial 

and legal due diligence to determine 

the strength and weakness of the borrower 

and the lender’s security.” 

Kahn cited a current example in Allied 

Properties REIT’s recent announcement that 

it is converting the mezzanine loans it holds 

on Westbank Corp. developments in Vancouver 

and Toronto into equity in the projects. 

The deal, which is expected to be completed 

next month, will give Allied Properties 

respective ownership stakes of 90 and 95 

per cent — an increase from its previous 

50 per cent interest in the Toronto project. 

“The transactions will reduce Westbank’s 

debt to Allied materially and afford Allied a 

large ownership position in two triple-A urban 

properties as they near successful completion 

and full lease-up,” the REIT’s announcement 

states. 

“I wouldn’t exactly call it a quit claim, but 

it’s tantamount to what a quit claim really 

does and represents,” Kahn submitted. “I 

assume they think they are better off having 

an ownership interest than having a debt that 

is in default.” 1 

Barbara Carss is the editor-in-chief of 

Canadian Property Management. 

1-866-570-2757 


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MANAGEMENT 

Leak Management 101 

Water damage in condominium 

buildings remains a pervasive problem. Yet, 

there remains a disconnect between the risks of water 

leaks and damage and homeowner awareness. 

Based on its 2018 cross-Canada 

survey of over 3,000 people, 

Quebec lender Desjardins Group found 

that water damage was the number 

one cause of loss among homeowners. 

Nearly half of those respondents were 

unaware of the potential sources of 

water leaks or how to prevent them. 

A 2019 Chubb Homeowners’ Risk 

Survey also revealed that no more than 

20 percent of homeowners took preemptive 

measures to reduce the risk of 

water leaks in their dwellings despite 

water damage being among their top 

three concerns. 

Causes of water leaks in condos 

Water leaks and damage can significantly 

impact condominium buildings more 

than single-family dwellings. In fact, 

due to the vertical nature and design 

of condominiums, a water leak in a unit 

BY DENIS GAGNON, P.ENG. 

can negatively impact units adjacent to 

and below the affected unit. Water leaks 

can also impact the building’s common 

elements, shared utilities, and structural 

elements. 

The potential risks of water damage 

may vary based on factors such as construction, 

location and maintenance. 

The causes of water leaks are often 

related to materials, installation, maintenance 

and operational issues. Some 


MAINTENANCE 

of the most common sources and 

causes of leaks affecting condominiums 

include: 

Pipe leaks and bursts: Pipe leaks and 

bursts in domestic, storm, rain and 

waste piping in condominium buildings 

can significantly and negatively impact 

multiple building floors. The causes of 

pipe leaks in condominium buildings 

may be due to aging or corroding pipes, 

high water pressure, water hammering, 

freezing and thawing, poor design or 

installation, inadequate pipe support, 

improperly sealed, connected or soldered 

joints, pipe blockages and clogs, 

material defects, external damage, and 

lack of maintenance. 

Roof leaks: Because high-rise condominium 

buildings often have flat roofs, 

they are susceptible to water pooling 

and leaking through roof membranes, 

often leading to water infiltration into 

multiple units. Some common causes 

of roof leaks include improper design, 

poor roof installation, lack of maintenance, 

bird or pest damage, aging roof 

materials, damaged flashing, cracked 

roof membranes, sealant deterioration, 

ice dams, structural movement, and 

water penetration at poorly sealed rooftop 

HVAC systems, vents pipes and 

skylights. 

HVAC system issues: Heating, Ventilation 

and Air-Conditioning (HVAC) 

systems in condominium buildings 

are complex, with many components. 

Depending on the design and requirements 

of the system, various fluids, 

including water, brine, and glycol, are 

used. Refrigerants and oil may also 

still be present in older HVAC systems. 

HVAC components vary based on the 

condominium building requirements but 

generally include heat pumps, air handling 

units, fan coil units, cooling towers, 

boilers, humidifiers, dehumidifiers, 

pumps, valves, piping and ductwork. 

Leaks can be due to poor design or 

component installation, condensate 

drain blockage, faulty condensation 

pans, refrigerant leaks, poorly sealed 

ductwork, frozen evaporator coils, 

improperly installed or damaged insulation, 

faulty pumps and seals, excessive 

humidity, corrosion of components and 

piping, vibration and movement, and 

poor maintenance practices. 

Sprinkler system malfunctions: 

High-rise condominiums typically have 

sprinkler systems for fire protection, 

and malfunctions can cause unintended 

water releases. Common causes 

of water leaks include corroding metal 

pipes, fittings and components, freezing 

and thawing, mechanical damage, 

faulty sprinkler heads, water hammering, 

faulty valves, aging components, 

seal and gasket deterioration, improper 

installation or system modification, and 

lack of regular maintenance. 

Window and façade leaks: The leading 

causes of window leaks in high-rise condominiums 

include poor window installation, 

damaged or missing sealant, inadequate 

flashing, cracked or damaged facade materials, 

defective window frames, faulty joints 

and connections, lack of waterproofing, 

material deterioration, building movement, 

and insufficient maintenance. 

Basement flooding: Condominiums may 

have basements prone to flooding, especially 

in areas with a high water table. Common 

reasons for water-related issues include poor 

drainage systems, high water tables, cracked 

foundation walls, poor waterproofing, lateral 

Water Contamination Level and Extent of Damage 

Water contamination from leaks in condo buildings is typically classified by the source and nature 

of the water contamination, with each water source impacting the cost of remediation differently. 

Classifying water contamination can help establish the severity and guide the appropriate response 

and remediation measures. In addition, it also helps assess the cost of remediation. Professionals 

generally classify the water source into the following three categories: 

Clean Water – Clean or white water refers to water that does not pose an immediate health risk. Clean water typically originates 

from sanitary or hygienic sources like leaking domestic cold or hot water pipes, sink(s) or bathtub overflows, appliance malfunctions, 

rainwater and melted snow. While clean water may not contain harmful contaminants initially, it can become contaminated if 

left untreated or if it comes into contact with other materials. 

Grey Water – Grey water contains some level of contamination that may cause discomfort or illness if ingested. This type of water 

may originate from washing machines, dishwashers, or clean toilet bowls. While it is not as hazardous as black water, proper handling 

and cleanup are necessary to prevent further contamination and potential health risks. 

Black Water – Black water is highly contaminated and poses a significant health risk as it may contain pathogens, toxins, and other 

harmful substances. Sources of black water include sewage backups, flood waters, and water from sources with a high risk of contamination. 

Cleanup and restoration efforts for black water incidents require specialized training and equipment due to the severe 

health risks associated with exposure. 

To minimize health risks and additional property damage, it is crucial that unit owners and building managers address water leak 

damages promptly and that professionals be engaged when dealing with contaminated water. 


MAINTENANCE 

Preventative Measures and Maintenance 

Many water damage 

claims can be 

prevented by taking 

proactive steps to 

reduce the risk of 

water damage. By 

adopting preventative 

measures, performing regular inspections 

and maintenance, and promptly responding 

to issues, unit owners and building 

management can help lower the risk. 

Unit Owners 

Unit owners should begin by learning what 

water damage looks like. They should also 

learn how to identify and address potential 

sources of water-related problems and, in 

an emergency, know how to turn off the 

water. Owners should also learn how to 

invest in regular home maintenance. Simple 

steps to reduce the risk of water leaks and 

damages include: 

• Installing leak detection sensors, 

automatic water shut-off devices, and 

HVAC system switches. 

• Placing a drain pan under washing 

machines and flexible water supply lines. 

• Avoiding overloading washing machines. 

• Checking for corroded pipes and 

damaged hoses. 

• Checking dishwasher door seals. 

• Replacing aged water heaters and 

appliances. 

• Repairing or replacing leaking faucets and 

toilets. 

• Setting the heat at a minimum of 18 

degrees in units that serve as secondary 

homes or are unoccupied for extended 

periods. 

Building Management 

Condo managers are also crucial for preventing 

water leaks and mitigating potential 

damages to buildings. Water leak prevention 

programs may include: 

Regular inspection: Implementing a routine 

inspection schedule for all key areas 

prone to leaks, including roofs, windows, 

foundations, plumbing systems, and common 

areas. Maintaining a log of leakage 

occurrences can be very helpful in diagnosing 

the cause of leaks. Logs should 

include photos and information such as 

location of the leak(s), time of day and environmental 

conditions. 

Maintenance programs: Establishing 

a comprehensive maintenance program 

for plumbing systems, including regular 

checks for leaks, pipe integrity, and 

proper HVAC and fire sprinkler system 

functioning. 

Proper construction and installation: 

Ensuring the construction and installation 

of building components, such as roofs, 

windows, and plumbing systems, meet 

industry standards and best practices. 

Waterproofing: Periodically investing in 

proper exterior surface and basement and 

foundation waterproofing to prevent water 

infiltration. 

Landscaping and grading: Ensuring the 

landscaping and grading around the building 

directs water away from foundations 

and that the drainage system is functioning 

effectively. 

HVAC system maintenance: Regular 

service and maintenance of HVAC systems 

to prevent leaks from cooling towers, 

riser pipes, air conditioning units, and associated 

components. 

Sump pump maintenance: If applicable, 

periodically testing and maintaining sump 

pump systems to ensure they function correctly 

in case of flooding. 

Pipe insulation: Insulating pipes, especially 

those in unheated or exposed areas, 

to prevent freezing and potential bursts. 

Emergency response plan: Developing 

and communicating an emergency 

response plan for water leaks and ensuring 

staff and residents know the proper 

steps to take in case of a water leak. 

Education and awareness: Educating 

residents about water conservation 

practices and the importance of promptly 

reporting leaks. 

Tenant education: Providing tenants 

with guidelines on properly using and 

maintaining plumbing fixtures and appliances 

to reduce the risk of water leaks. 

Up-to-date records: Maintaining up-todate 

records of building systems, including 

plumbing, roofing and HVAC systems, to 

facilitate efficient and targeted maintenance. 

Monitoring and technology: If possible, 

installing water monitoring systems 

or leak detection technology to identify 

issues early. 

Emergency shut-off procedures: 

Ensuring that residents and staff know 

the location and proper use of emergency 

shut-off valves for water supplies. 

Collaboration with professionals: 

Working closely with qualified contractors, 

engineers, and other professionals 

to assess and address potential 

vulnerabilities. 

Regular inspections, preventative maintenance, 

and an emphasis on resident 

education can help mitigate water-related 

issues and leaks within condominiums. 

pressure from soil, sewage line backups, 

surface water runoff, faulty sump pump systems, 

foundation settling or shifting, cracked 

basement floors, and plumbing leaks. 

Appliance leaks: Household appliances, 

including dishwashers, washing 

machines, water coolers, ice makers, 

water filters and water boiler tanks, 

can leak and cause water damage. 

Common causes include overloading 

of washing machines, clogged water 

and drain lines, defective or corroded 

fittings, seals and pumps, faulty pressure 

relief and bypass valves, frozen 

evaporator coils in air conditioners, 

damaged water softener resin tanks, 

worn-out seals, aging wax seals in 

toilet bowls, leaking toilet tanks or 

bowls, and aged seals and loose connections 

in faucets. 


MAINTENANCE 

Condo flood liability 

When a leak or flood in a unit causes water 

damage to a lower or adjacent unit, the 

responsibility for the cost of repairs typically 

depends on the circumstances and the specific 

regulations outlined in a condo’s governing 

documents and bylaws. Responsibility for 

damage from a water leak can also depend 

on the terms of the rental agreement in the 

case of a rented unit. 

Generally, the condo corporation's 

insurance policy will cover repairs to 

structural elements, shared utilities and 

common areas, even when a unit within 

the building is the cause of the damage. If 

the water damage results from a common 

element failure, the corporation's insurance 

will usually cover the cost of repairs. The 

corporation's bylaws may determine the 

responsibility for the deductible, which can be 

shared among affected unit owners or borne 

by the unit owner where the leak originated. 

In the absence of negligence or a specific 

bylaw making a unit owner liable 

for water damage to another unit, each 

unit owner and their insurer are generally 

responsible for the cost of the damage to 

their unit. Owners must also pay their 

insurance deductible. 

It is advisable for unit owners to promptly 

report water leak damages to the property 

management or condo board. Owners 

should also quickly report water leaks to their 

insurance companies that can investigate the 

cause of the damage and determine liability 

based on the specific circumstances of the 

incident. 

Legal advice may be sought to clarify 

responsibilities and rights in complex cases 

or when it is suspected that a party may have 

breached a statutory, regulatory or contractual 

obligation, technical standard or best 

practice during the installation, maintenance 

or operation of some of the condo building's 

structural or mechanical elements. 1 

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Inc. He has more than a decade of experience as a forensic mechanical and materials/metallurgical 

engineer and expert witness. His project experience in the claims arena has helped determine the 

root causes of mechanical and material failures through non-destructive and physical testing and 

inspection of equipment and components to establish evidence-based failure mechanisms. 

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Sharing Between Condominiums 

New cases have shed light on a 

condo corporation’s obligation to share 

in the maintenance and repair costs of amenities. In the case of OCCC 574 v. OCCC 

573, there was a retaining wall located partially on each property. About 60 per cent 

of the retaining wall was on the OCCC 574 property, and about 40 per cent of the 

retaining wall was on the OCCC 573 property. 

BY CHRISTY ALLEN AND 

JAMES DAVIDSON 


LEGAL 

Cost-sharing obligations are further highlighted in the case 

of CCC 519 v. OCSCC 656 et al. There was an electrical vault 

on the CCC 519 property containing electric switchgear (ESG) 

serving three condominiums. Again, there was no registered 

agreement. The ESG was past its reasonable life expectancy 

and needed replacement. CCC 519 argued that the other 

condominium corporations should share the costs (to repair, 

maintain and replace the ESG) based upon the relative benefit 

received by each property. The Court agreed, based upon the 

principle that there would otherwise be an “unjust enrichment” 

to the other condominiums corporations. 

The Court directed a reference to determine an equitable 

sharing of the costs as between the three corporations. 

OCSCC 656 appealed the decision, which was upheld by the 

Ontario Court of Appeal. 

The decisions in these cases make good sense and stand 

for the following basic principle: When there is no agreement 

The retaining wall was nearing the end of its life, and needed 

to be rebuilt. There was no registered agreement addressing 

responsibility for the retaining wall. The two corporations could not 

agree on the sharing, and this dispute ultimately ended up in Court. 

OCCC 574 argued that the cost-sharing should be 60/40 (based 

upon the relative portions of the retaining wall as actually located on 

each property). Among other things, OCCC 573 argued that it should 

only be responsible for 8.11 per cent of the cost, based upon the original 

proposed location of the retaining wall shown on the original site 

plan for the development. 

The Court agreed with OCCC 574, stating: 

“574 owns roughly 60% of the Wall. 573 owns roughly 40%. This 

suggests the obvious starting point to allocate the costs of repairing 

and maintaining the Wall. There is no cogent evidence that suggests a 

fairer way to allocate costs.” 

The Court also decided—on the facts of this case—that it didn’t 

make sense to try to allocate the cost-sharing obligations based upon 

the relative benefit of the retaining wall to each property. The Court 

said that the retaining wall clearly benefited both properties and the 

relative benefit to each was not a helpful or practical method to determine 

responsibility (in this case). 

The Court also awarded OCCC 574 costs on a substantial indemnity 

basis, in light of the history of the dispute. The Court also noted the 

reasonableness of the costs claimed by OCCC 574. 

SINCE 1992 

COMMERCIAL 

LANDSCAPE 

MAINTENANCE 

FOR OVER 

FOR OVER 

FOR OVER 

30 YEARS 


LEGAL 

respecting cost-sharing for a shared facility, 

the goal should be to come up with a 

sharing that is fair and reasonable in all 

of the circumstances. 

For condominium corporations, these 

sorts of disagreements about shared facilities 

should hopefully be reduced if and 

when the proposed Section 21.1 of the 

Condominium Act comes into force. By 

way of summary, Section 21.1 will make 

shared facilities agreements mandatory in 

most such cases. 

Much of the confusion has been caused 

by some historical legal precedents which, 

in our respectful view, are simply not correct 

in law. The case of TSCC 1633 v. 

TSCC 1809 is an important example. 

TSCC 1809 had the benefit of an easement 

over part of the TSCC 1633 lands, 

namely a shared laneway. However, there 

was no cost-sharing agreement. The Court 

determined that there was no legal basis on 

which TSCC 1809 could be forced to contribute 

to the laneway costs. Respectfully, we 

don’t agree with the TSCC 1633 decision. 

A long-standing principle of our common 

law is that someone having the benefit of an 

exclusive easement over another person’s 

property bears the obligation to maintain and 

repair the easement lands. In the case of 

shared rights (for instance, where both the 

owner and easement holder have the right to 

use the easement lands), it follows that the 

repair and maintenance obligations should be 

reasonably shared. 

In the case of condominium properties, 

note as well that Section 12 of the Condominium 

Act may create statutory easement 

rights. Section 12 (1) 4 states as follows: 

Easements 

12 (1) The following easements are appurte- 

nant to each unit and shall be for the benefit 

of the owner of the unit and the corporation: 

4. If a corporation is entitled to use a 

service or facility in common with another 

corporation, an easement for access to 

and for the installation and maintenance 

of the service or facility over the land of 

the other corporation, described in accordance 

with the regulations made under 

this Act. 

Note the specific reference to maintenance 

in the above section. 

Easements are also appurtenant interests 

that normally form part of the common elements 

(accordingly falling within the obligations 

of the corporation to repair and maintain 

the common elements). 

If these obligations are shared with 

another party, the task is to determine a 

fair and reasonable sharing, not whether 

or not the basic obligations exist. 1 

James Davidson and Christy Allen are partners at Davidson Houle Allen LLP Condominium Law. Davidson Houle Allen LLP acted for OCCC 574 in 

the court application. 

This article originally appeared on Davidson Houle Allen LLP’s Condo Law News Blog on March 8, 2024. 

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Demystifying Window Lingo 

Understanding a glossary of terms for informed decision-making 

One of the biggest decisions that a 

board of directors will face when owning a condo 

that is more than 20 years old will be to replace the windows and doors. 

BY THOMAS NOËL 

Boards choosing to query third 

party expertise on this matter 

might be looking to make better 

informed decisions. Here are some tips 

to help decipher window lingo. 

ENERGY STAR 

The ENERGY STAR program, which has 

been evolving since 1992, is a government 

initiative from Natural Resources 

Canada (NRCan) and the U.S. Environmental 

Protection Agency that helps 

consumers better differentiate products 

to reduce energy costs and lower greenhouse 

gas emissions. 

To qualify for ENERGY STAR certification 

in Canada, window manufacturers 

must subject their products to third-party 

testing by NRCan accredited laboratories. 

An energy rating (ER) system is 

used to help gauge a window's ability 

to prevent heat loss, directly contributing 

to overall energy savings in homes 

and buildings. This rigorous evaluation 

ensures that Canadian consumers can 

compare the energy efficiency of different 

windows. 

A NRCan report in 2018, Paving the 

Road to 2030: Market Transformation 

Road Map for Energy Efficient Equipment 

in the Building Sector, stated that 

residential windows can account for up 

to 35 per cent of heat losses in a home, 

so widespread adoption of advanced 

window technology could potentially 

reduce total home energy use by 9 per 

cent and lower greenhouse gas emissions 

by more than 5 megatonnes. 

U value 

Some window companies might promote 

the U value, which measures how 

well the glass of the window prevents 

heat from escaping the home. The lower 

the number, the slower the heat loss 

(better insulating properties) of the 

glass. The U value is based on the R-value 

used in construction for insulating 

walls. You can transform the U-Value 

(imperial) to R-Value with the simple formula: 

R-Value = 1 / U-Value. 

When comparing U values, make certain 

to compare apples to apples since 

some companies will present a U value 

in the metric system expressed in Watts 

per square meter Kelvin (W/m2·K) versus 

the imperial system (US): BTU/ 

hr·ft2·F. 

For example, 1.42 W/m2·K in the metric 

system equals to 0.25 BTU/hr·ft2·F 

in the imperial system. Comparing the 

U value in the same metric or imperial 

system will give you the opportunity to 


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MAINTENANCE 

make the right decision when choosing 

the glass. The U factor for windows in 

Canada varies from 0.65 to 1.93 (W/ 

m2·K). The lower the number, the better. 

Solar heat gain 

Solar heat gain coefficient (SHGC) is 

another measurement used for the 

selection of glass. SHGC measures how 

much solar heat passes through windows. 

Higher SHGC aids passive solar 

heating in cold climates but increases 

cooling needs in warm climates. It's 

rated from 0 (no heat gain) to 1 (all solar 

radiation is heat gain). 

In Canada, it ranges from 0.02 to 0.69. 

Ask for a SHGC above 0.3 to reduce 

heating cost in the winter and lower 

than 0.60 to avoid overheating in the 

summer. Glass with low SHGC will offer 

less visual transmittance and be darker 

inside. 

Visible transmittance 

A window’s visible transmittance 

(VT) measures how much light comes 

through the window. The higher the 

VT, the more natural light will enter the 

house. In Canada, the average is 0.55 

and above. 

Air leakage 

Air leakage measures the amount of air 

that transfers through the window. Air 

leakage infiltration and exfiltration equal 

or less than 0.02 (l/S·m2) in metric or 

0.3 (U.S./l-P) in imperial is good. Many 

offshore windows have very poor air 

leakage, which equates to drafty windows. 

Energy rating 

The most important measurement 

is the ER since it includes the whole 

window (glass and casement). The ER 

value serves as a measure of a window's 

overall energy performance, indicating 

its resistance to heat transfer. A 

higher ER value signifies greater energy 

efficiency, with calculations based on 

factors such as U-value, SHGC and air 

leakage rate. These factors collectively 

determine the window's overall energy 

efficiency rating. 

To reduce confusion, consumers will 

find that ENERGY STAR-rated windows 

have a sticker where the metrics are 

listed. Higher ER numbers correspond 

to reduced heating energy consumption, 

leading to lower annual energy 

bills. They also convey better insulation, 

which minimizes the need for heating 

and cooling, while enhancing indoor 

comfort by reducing drafts and temperature 

fluctuations. 

Maximum energy savings can be 

found in windows that are rated "Most 

Efficient Energy Star Certified" (ER of 

≥40), which are crafted from microcellular 

PVC. 1 

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advised on the launch of the $2.6 billion 

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be contacted at: 1-888-677-5343 or 

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Spring Maintenance for Newly Built Homes 

A deep clean and thorough 

inspection are extra important for 

newly built homes during the spring season 

to help identify and address any damage or defects. 

BY PETER 

BALASUBRAMANIAN 

Being vigilant early on preserves a 

home’s value and is key to getting 

support from the new home builder’s aftersale 

warranty. 

After a new home is completed, the 

builder’s warranty provides coverage against 

a number of potential construction issues for 

up to seven years. The first spring season is 

an important time to identify issues and work 

with the builder since the warranty offers the 

most coverage during the first year. 

Focus spring maintenance jobs on 

three key areas: 

1 

Protect indoor air quality 

After a long season of closed 


windows and limited air flow, it’s essential to 

check and clean out the home’s air circulation 

systems, including the furnace filters and air 

ducts, to keep indoor air clean. 

For condos, the property management 

typically takes care of changing air filters, but 

some condo residents prefer changing theirs 

more frequently. 

In townhomes, change furnace filters 

regularly to keep dust, pollen, mould spores, 

and dirt out of the air. A clean filter also helps 

the furnace run efficiently and minimizes 

energy bills. The furnace manual includes 

information on what type and size of filter 

to use and how often to replace them. The 

builders should be able to help with any 

questions about furnace maintenance. 

Also vacuum and clean out air exhaust 

systems, including ducts, vents and 

covers, as well as the heat recovery 

ventilator (HRV) and filter, if there is one in 

the home. 

2 

Keep water and moisture out 

When water enters a home, it can 

cause damage to the foundation, structure 

and finishings, eventually causing mould. 

If any snow and ice remain around the 

home, clear it away from the roof 

overhangs, foundation, window wells, 

walkways and driveway to ensure that 

meltwater runs away from the house, 

not towards it. Make sure the eaves and 

downspouts are kept clear of leaves, dirt

MAINTENANCE 

or other debris and that water doesn’t pool 

near the exterior walls. 

In high-rise condos or townhomes, snow 

and ice removal for common elements is 

typically handled by the condo corporation. 

But if there is a balcony, terrace or groundlevel 

entrance that’s considered part of the 

unit, this is the owner’s responsibility. 

3 

Inspect exterior areas 

As the weather warms up, check 

the home’s exteriors for any defects or 

damaged items. Start by inspecting the 

windows and doors, checking the weather 

stripping and caulking for air or water 

leaks, and ensuring that all doors, windows 

and screens work properly. Around the 

home’s exterior finishes, check for signs 

of deterioration, like cracks, peeling paint 

or loose siding. In condos, these areas are 

likely considered common elements and 

should be reported to the property manager. 

For freehold homes, check the 

foundation walls for cracks or damage. If 

you have a deck, check for shaky railings or 

handrails with slivered surfaces, nails that 

pop above the wood surface, or decking 

boards that are split, warped or cupped. 

When spotting damage and other 

issues 

Depending on the issue and what caused 

it, the builder may be responsible for 

addressing some (or all) of these issues 

through its warranty. The Home Explorer 

Tool, available at Tarion’s website, can 

provide some guidance on whether an 

issue might be covered to determine if a 

warranty claim is merited. Team members 

can also take owners through necessary 

next steps to file a warranty claim. In 

general, the builder’s warranty will cover 

defects in work and materials, but will 

not cover damage or issues that result 

from normal wear and tear caused by the 

homeowner. 

Want to take on DIY repairs or 

improvements? Proceed with caution 

If owners are considering taking on repairs 

or installations, even putting on a fresh coat 

of paint, these jobs may need to wait. Any 

alterations made are not covered by the 

builder’s warranty, so it’s essential to share 

plans with the builder first to best understand 

how it will impact the warranty. 

Spring landscaping is a common example 

to be careful of. The grading or sloping 

around a home is specifically designed to 

avoid water accumulation and help prevent 

water penetration into the home. Be careful 

not to modify this if considering changes to 

the landscaping or planting a garden. 

Be proactive in protecting the investment 

A new home is one of life’s biggest financial 

commitments. Maintaining it comes with a 

learning curve. That includes learning how to 

work with the builder to resolve any issues 

and filing and managing warranty claims if 

needed. 1 

Peter Balasubramanian is the President 

and Chief Executive Officer of Tarion, a notfor-profit 

consumer protection organization 

that helps Ontario’s new homeowners 

understand their builder’s warranty and make 

a claim with confidence. 


Shaping Toronto’s Skyline 

The city mirrors the evolution of housing development 

Looking back on the evolution 

of condominiums in North American cities, 

especially in Toronto, it is fascinating to see how social, 

legislative, technical, and economic factors have spurred their development and what the future 

holds for this type of housing. 

BY NICK AINIS 


DEVELOPMENT 

C 

ondos are likely to remain a major residential force in Ontario. 

Between 2010 and 2018, 165,828 condo units were finished, 

and from 2002 to 2018, 186,000 condo units were registered, 

accounting for 72 per cent of the city’s growth. By 2020, condos 

became the preferred way to accommodate Toronto’s burgeoning 

population. More recent data from Urbanation found that almost 

32,000 condo units were set for completion in the Greater Toronto 

Area in 2023. 

But the condo culture shifted dramatically long before that. In 

1991, a court ruling cited adult-only buildings as unconstitutional 

under Canada’s Human Rights Code. Once the go-to for seniors 

and empty-nesters, condominiums then became available to all 

segments of the marketplace, from professional singles to families. 

As people got busier, the appeal of having major maintenance handled 

for them through a condominium corporation was enormous, 

and still is to this day. 

Another situation that contributed to the condo craze was Ontario’s 

protection of the Greenbelt and other sensitive areas. This 

essentially cut down on the available land for development. The 

answer was to build up instead of out—and intensification, especially 

in Toronto, became the target. Developers were encouraged to build 

condominiums in urban locations close to amenities and public transit, 

and they have done just that. 

Today, the question is, how can we possibly increase supply and 

make housing within reach of the average Canadian? Explosive 

immigration has spawned demand for all housing, which, in turn, has 

caused prices to skyrocket. Of course, the pandemic and the supply 

chain problems it brought added complexities to that situation. 

One approach is to study the past, especially where government 

intervention and cooperation with the private sector have been 

involved. For example, wartime houses were a staple in Canada 

during the 1940s. It was announced in December 2023 that the federal 

government is reviving a Canada Mortgage and Housing Corporation 

program to provide standardized housing blueprints to builders. 

Although this is not an overarching solution, some of it may work and, 

frankly, the experimentation process is necessary. It’s a step in how 

the public and private sectors can actively work together. 

While improvements in construction technology, metallurgy and 

resource management have helped developers to build high-rises 

at more feasible costs, the design process could be more closely 

considered. Over the past few years, condominiums have allowed 

many buyers to enter homeownership, but this trend has also brought 

challenges for residents. To name a few, there may be a lack of areas 

where children can play, some balconies may be unusable because of 

high winds, and high-rises that are clustered along the street can limit 

the sunlight that gets through. 

Amid all of this, consumer preferences in housing have evolved as 

well. Today’s buyers are quite different from those who purchased 

condos decades ago. As we go forward, we need more research on 

how intensification affects infrastructure and services, how people 

use spaces, as well as post-occupancy assessments to guide policies 

for future design. Sustainability is another major consideration, 

as buyers are more educated than ever before on the topic of carbon 

footprints. Climate change and new laws pertaining to it will take their 

place in future design. 

Multi-residential living has changed dramatically over the years, dating 

back to the ancient Roman insula, large apartment buildings where 

the lower and middle classes of Romans lived, some with 200 stairs. 

Centuries later the first condos in Toronto were built in the 1960s. 

Over the coming years, condos will continue to evolve—to satisfy 

changing needs, laws and preferences, and the industry will need to 

adapt to meet the inevitable challenges and opportunities. 

Nick Ainis is the author of “Building Toronto's Skyline: Toronto 

Condominiums Through the Decades.” From the precursors to condos 

such as boarding houses and apartment buildings, through to the 

explosive demand for condos in the late 20th and early 21st centuries, 

the book presents an exploration of what makes a condo a condo in 

Canada, the pros and cons of this type of housing, as well as the future 

of what condos might become. 

Nick is also the Founder & CEO of Fusioncorp Developments, a 

boutique construction management company and general contracting 

organization specializing in multi-unit residential condominiums. 


NEW AND NOTABLE 

CONDO FEE ANALYSIS 

A new examination has revealed the top condo buildings in the 

Greater Toronto Area with the most and least expensive median 

monthly condo fees. 

Digital real estate platform, Wahi, ranked condo buildings 

based on maintenance fees for one-bedroom units that were sold 

between 2021 and 2023. The report established a median monthly 

payment for thousands of multi-family buildings throughout the GTA 

and includes the age of each building and their amenities. Condo 

townhomes were excluded from the rankings. 

Lowest fees 

The least expensive maintenance fees were mainly located beyond 

Toronto’s core, in Milton and Oakville, as well as more suburban parts 

of Toronto, such as Scarborough and North York. They were built 

within the last several years, with the majority completed between 

2018 and 2022. 

The top three condos with the lowest fees include Origin 

Condominiums’ two towers in Milton ($217 and $241). SweetLife 

Condos in Scarborough came in third at $237. 

Highest fees 

The most expensive fees were predominantly concentrated within 

older luxury buildings in downtown Toronto, with only one located 

outside the city’s limits, in Oakville. An estimated 13 GTA condos 

had a median monthly maintenance fee in excess of $1,000 per 

month. 

Older buildings typically have larger floor plans and heat and 

hydro rolled into fees, which can skew fees higher. A luxury building 

with lots of fancy amenities costs more to maintain. 

The Residences of the Ritz Carlton and Four Seasons Private 

Residences topped the list at $2,268 and $1,561, respectively. The 

Granary in Oakville, came in third place with an average monthly 

maintenance fee of $1,440. 

TORONTO BYLAW MOVES FORWARD 

The City of Toronto is moving forward with a bylaw that requires 

owners of buildings, 50,000 square feet or larger, to report their 

annual energy and water usage. A reporting link has now opened for 

owners to input 2023 data, ahead of the July 2, 2024 deadline. 

Toronto City Council approved Municipal Code 367 last December 

to help owners reduce greenhouse gas (GHG) emissions, save on 

utility costs and make their buildings more efficient. 

Owners of buildings this size are already required to report the 

same data to the province of Ontario. To simplify the process, Toronto 

is also using Energy Star Portfolio Manager so owners can report their 

data to both the city and province using the same online tool. 

Tracking a building’s performance over time helps compare it 

with the performance of similar buildings. The data will be used to 

design future city programs, policies and supports. The City’s Net 

Zero Existing Buildings Strategy aims to lower GHG emissions from 

buildings to net zero by 2040. 

Beginning in 2025, owners of buildings that are 929 square metres 

(10,000 square feet) or larger will also be required to report their 

energy and water use to the City of Toronto. 


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PROPERTY MANAGEMENT IS FULL 

OF UNIQUE CHALLENGES. BANKING 

SHOULDN’T BE ONE OF THEM. 

Our easy-to-use banking solutions were designed with you in mind. We aim to provide a 

challenge-free experience for both you and your clients. 

Contact the CIBC property management industry team today 

mailbox.nationalindustryprograms@cibc.com 

“CIBC”, the CIBC logo and “CIBC Commercial Banking” are trademarks of CIBC

CONDO Business - Spring 2024

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