CONDO Business - June 2022

Canada’s Most Widely Read Condominium Magazine
June 2022 • Vol. 37 #2
EASY
TARGET
Condo corporations have
become more susceptible to
fraud. How can they reduce the
risk of financial crime?
PART OF THE
PM#40063056
+ 8TH ANNUAL WHO'S WHO
A ranking of the Canadian condo
industry's major players and portfolios
P A R T O F T H E

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IN SUPPORT OF

Contents
42 12
FINANCE
28 Dodging the Fraudsters
By Stephen Chesney
50 Catastrophe Modeling Tools
By Dru Douglas
MANAGEMENT
14 Improving the Condo
Manager’s Workplace
By Juliet Atha
38 A Higher Purpose
By Bogdan Alexe and Val Khomenko
LEGAL
12 Employee Disconnection
Policies and Condo
Corportations
By Josh Milgrom
32 The CAT’s Elusive Middle
Ground
By Victor Yee
HOUSING MARKET
20 A Home ‘Not Quite’ Away
From Home
By Rebecca Melnyk
ELECTRIC VEHICLES
42 Plugging Into the Future
By Greg Fraleigh
46 Offsetting the Cost of EV
Chargers
By Ilia Alexeev
IN EVERY ISSUE
6 Editor's Note
8 Ask the Expert
54 New & Notable
SPECIAL FEATURE
26 8th Annual Who’s Who
Survey of the Canadian
Condo Industry’s Major
Players and Portfolios
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www.condominiumliving.ca

EDITOR’S NOTE
Easy targets
The Canadian Anti-Fraud Centre reported
that Canadians of all ages lost $379 million to scams and
fraud last year, a rise of 130 per cent compared to 2020. Much of this
was supposedly due to the massive shift in digital payments during
lockdowns, but scammers are also becoming more sophisticated in
attaining large sums of money. In just the first four months of 2022,
$163.9 million has already been lost to fraud.
In this issue, our cover story explores what could realistically
happen within condo corporations, which are far from untouchable
when it comes to money scams. Notably, boards, managers and
financial advisors all play a role in protecting condo communities.
Also in this issue, you will find context behind recent rulings from the Condominium Authority
Tribunal and advice on detoxifying the condo manager’s workplace as psychological health and safety
matters more than ever. With co-ownership on the rise due to the housing market headache, we
look at a growing move towards multi-generational living. Realtors and architects discuss what trends
they're seeing and what’s missing from truly viable multi-gen spaces.
Among the pages, we also present our eighth annual Who’s Who, a rundown of the major
players and portfolios in Canada’s condo industry. If we missed you, please contact Gerald
Ngan at geraldn@mediaedge.ca to be included in our 2023 contact list.
As always, we would like to thank all our expert industry contributors. Please visit us online at the
REMI Network for timely news, and if you would like to see a topic covered in a future issue, we
would love to hear from you.
Rebecca Melnyk
Editor, CondoBusiness
rebeccam@mediaedge.ca
JTB_Condo_May_2020_FINAL.pdf 1 2020-06-16 12:16 PM
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Editor
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Contributing Writers
Bogdan Alexe, Ilia Alexeev, Juliet Atha, Stephen
Chesney, Dru Douglas. Greg Fraleigh, Val
Khomenko, John Lusink, Josh Milgrom, Victor Yee
Digital Media Director
Steven Chester
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LOOKING UP
John Lusink, president of Right at Home Realty, answers: What do rising interest
rates and housing-related measures announced in the 2022 federal budget mean for
Ontario's condo market?
We are currently seeing a dramatic shift
in the housing market with housing
activity slowing down, thanks to a drop in
demand. The housing market cool-down
was prompted by rising interest rates, with
the most recent quote for two-year fixed
mortgage rates rising to 4.03 per cent.
Mortgage insurers in Canada are seeing
a drop of nearly 40 per cent on unit
application volume. Borrowers who are up
for renewal will see their rates double in
many cases, creating some real risk in the
markets. The sales-to-new listings ratio
in Toronto suggests that sales and selling
prices will begin trending downwards at
a rapid pace. In addition, other inflationary
pressures such as fuel, the cost of
food and other worldwide conflicts and
challenges risk pushing the economy into
a recession.
The Dual Impact of Rising Rates
One of the impacts of interest rate increases
on potential homebuyers is with respect to
their house-buying power, which has been
reduced by almost $100,000 in many areas.
However, we have also seen increases in
household income, which has helped to
temporarily ease the loss in house-buying
power, that is, until we see another rate
increase.
8 CONDOBUSINESS | Part of the REMI Network

ASK THE EXPERT
Another impact of rising interest rates is
the financial disincentive that is created for
sellers to sell their homes and buy a new
home at a higher mortgage rate, which will
further constrain housing supply and make
real house price declines potentially unlikely.
As a point of reference, the 30-year average
fixed five-year rate is just over eight per cent,
compared to where we have been and the
current posted rate of four per cent.
Housing Related-Measures
Building
The housing accelerator fund, rapid housing
initiative and multi-generational home
renovation tax credit will not impact the
supply or market materially. These measures
still have yet to be passed, and to be
meaningful, overhaul of the municipal approval
process and reduction of red tape is required
to accelerate delivery times of new homes.
Saving
The proposed Tax-Free First Home Savings
Account, increase to the First-Time Home
Buyers Tax Credit (HBTC) as well as the
proposed increase to the Home Accessibility
Tax Credit (HATC) are all positive measures,
but will not provide any material boost to
enable those already marginally qualified
to be able to enter the housing market.
Notwithstanding that Canadians saved
record amounts during the pandemic, the
recent spike in borrowing costs coupled with
the increases in prices, services have easily
eroded any additional buying power that they
may have had.
guarantees, upgrades, inclusion of parking
spaces, cash back and more flexible deposit
structures are being seen now.
The key going forward is for buyers to
ensure that the developers have “cost
certainty” around their proformas. Recent
reports of having to cough-up additional
funds to cover the massive increases
in construction costs have made preconstruction
buyers a little wary of what they
are getting into.
According to data from Right at Home,
looking at January to May 2022 versus
January to May 2021, we see price increases
of 22 per cent on sales and a 13 per cent
increase in rentals. On the transaction
volume side, there is a decline of nine per
cent, while lease transaction volume has
declined by 11 per cent over the same period.
A 2022 Forecast
Rate increases, conflicts, supply constraints,
savings and the recent relaxation of travel
and other COVID-19 related measures will
all contribute to the consumer taking a break
from the real estate market and heading off
to cottages and other destinations.
As such, we will continue to see a
drop in market activity. This should not be
translated into a crash, or bubble bursting
or even major price drop. While the price
acceleration will certainly slow, inflationary
pressures will keep the new home/condo
markets at their current levels and the
continued restrained supply of resale homes
will also serve to keep prices from dropping
precipitously.
Subject to world events and federal
policy makers being able to impact rising
inflation in a positive way, we could see a
slight rebound in the fall real estate market.
Effectively, the 2022 spring market has
been a no-show. Given that comparisons to
2021 and 2020 are not as relevant, we feel,
2019 is a much better frame of reference
and as such, this is still a healthy real estate
market. . . for now. 1
John Lusink is president of Right at
Home Realty.
Anti-Flipping and Foreign Investment Ban
The proposed anti-flipping and foreign
investment ban are not based on any sound
data or research. While politically this may
appeal to voters, the fact remains there is
little research to back up the “assumption”
that the overheated market has been caused
by foreign buyers and other investors.
Ontario’s Condo Market
While overall activity has declined, condo
supply continues to remain very constrained
in the primary GTA markets. However, new
pre-construction launches continue to be
very popular.
Signs that developers are having to be
more competitive, such as offers of rental
Building Science &
Structural Engineers
Building Structure
Parking Structures
Building Envelope
Reserve Fund Studies
Performance Audits
Joyce | Vancouver, BC
rjc.ca
www.REMInetwork.com | June 2022 9

SPONSORED CONTENT
THE VALUE OF
INDEPENDENT
PRE-CONSTRUCTION
SURVEYS
Protect your building with a reliable
condition assessment you can trust
As Ontario neighbourhoods adapt to accommodate
more and more new citizens, the expansion of mass
transit, residential housing and infrastructure could
have consequences for pre-existing building owners.
To limit the impacts of adjacent construction work on
older assets with damage potential, many building
owners and condominium corporations are turning to
independent pre-construction surveys. Conducted by
qualified engineers prior to the onset of neighbouring
work, these detailed inspections provide a snapshot
of an existing property’s condition so that owners are
aware of the issues that may be exacerbated by the
sustained vibrations caused by construction work.
While in some cities, such as Toronto, developerled
surveys of all neighbouring buildings are
mandated before any new development can proceed,
structural experts warn that existing assets aren’t
being adequately protected given the surveys are
more designed as a loss control and claims defense
mechanism for the developer.
“For that reason, we recommend to our clients
that they allow the developer do their preconstruction
survey, then we’ll come in and conduct
an independent survey they can directly rely on,” said
Justin Tudor, President, Keller Engineering. “Developerled
preconstruction surveys have value, but they are
often cursory and may provide insufficient detail to
ensure a comprehensive capture of existing conditions.
Furthermore, the developer is often not required and is
commonly resistant to providing the findings of their
pre-construction survey to the owner.”
Referring to an independent pre-construction survey
his company recently conducted in Mississauga, Tudor
explained that the assessment involved identifying
existing cracks in walls, floors, and exterior cladding of
the first two storeys above grade, and interior finishes
of all storeys below grade to facilitate a comparison
once the adjacent construction was complete.
“Although other building elements can be affected
by adjacent work, extensive monitoring of elements
such as stone facades require detailed investigations
and costly initial surveys,” he said. “In our experience,
crack creation or propagation in the building’s parking
garage and lower levels is the most effective way to
monitor for building movements as a result of adjacent
construction activities.”

SPONSORED CONTENT
TYPICAL PROJECT SCOPE
For most independent pre-construction surveys, the
scope of the project includes:
1. A site review to document the building’s
condition, noting existing cracks in foundation
walls, and signs of deterioration and settlement.
A basic review typically focuses on the first two
storeys of exterior cladding, below grade interior
walls of common rooms, stairwells, corridors,
and parking garage floors, walls and ceiling, but
can be expanded to include upper stories by way
of drone (if permitted in the area);
2. Preparation of video showing the general
location and extent of pre-existing deterioration;
3. A report on the findings, including a detailed
summary with photographic documentation and
recommended remedial actions, if required;
4. Storage of the documentation for a three-year period.
BENEFITS FOR THE PROPERTY OWNER
According to Tudor, the peace of mind independent
pre-construction surveys bring to all types of building
owners can’t be underestimated.
“Developments and transit expansions are happening
all around us,” he said. “Those excavations will vibrate
and potentially damage adjacent properties. Aging
buildings need to be documented to capture the
difference between what’s fallen apart due to wear, and
what’s damaged as the result of the construction.”
With a pre-construction survey, owners can rest
assured that the conditions of their building are
appropriately documented prior to any adjacent
construction activities, so that any resulting damage
can be attributed back to the source.
For more information on independent preconstruction
surveys and other related services,
please visit www.kellerengineering.com.

EMPLOYEE DISCONNECTION POLICIES
AND CONDO CORPORATIONS
On April 11, 2022, Ontario’s
new Working for Workers Act,
2021 received royal assent, which introduced
many employee-friendly changes to the Employment
Standards Act, 2000. The Minister of Labour declared that the
BY JOSH MILGROM
changes would “require most workplaces to have a right to disconnect policy.”
The government’s boastful statements
could understandably make an employer—and
condo directors, owners and
residents—worry that their employees
or service providers, including management,
were about to become completely
unreachable outside their scheduled
work hours.
Well, not quite.
Right to a Disconnection Policy, but no
Right to Disconnect
The new rules don’t actually give employees
a right to disconnect. In fact, they don’t give
employees any new rights to refuse work or
ignore work communications. Instead, the new
rules require some employers to simply have
“a written policy in place for all employees with
respect to disconnecting from work.”
Employers are essentially free to determine
the content of their disconnection policies
for themselves. The only requirements
are that the policy must:
(i) address disconnecting from work.
(ii) include the date the policy was prepared.
(iii) include the date any changes were made
to the policy.
12 CONDOBUSINESS | Part of the REMI Network

LEGAL
The new rules tell us that disconnecting from
work means “not engaging in work-related
communications, including emails, telephone
calls, video calls or the sending or reviewing
of other messages, so as to be free from the
performance of work.”
The Ministry of Labour suggests that a
disconnection policy could address the
employer’s expectations about reviewing and
responding to after-hours emails or phone
calls or for setting out-of-office notifications.
However, the new rules don’t require that
disconnection policies say anything in
particular about disconnecting from work.
This means that a disconnection policy
does not need to say that employees have an
actual right to disconnect.
Instead, an employer can have a
disconnection policy that is limited to explaining
that the employer follows the relevant
employment standards, such as those relating to
hours of work, vacation, holidays, and overtime
— all of which existed before the new rules
came into effect. However, if an employer
adopts a policy that does offer additional rights
for its employees, the enhanced rights could be
enforceable against the employer.
Disconnection Policies not Required for Small
Employers
An employer is only required to have a
disconnection policy in a given year if it
employed 25 or more employees on January
1 of that year. The obligation doesn’t change
during the year if the employer gains or loses
employees; the January 1 date is all that matters.
Each employee counts towards the
25-employee threshold, whether employed
full-time, part-time, or casually. However,
employees of temporary help agencies who
are assigned to a client business are treated
as the agency’s employees, not as the client
business’s employees.
Condo corporations themselves would
rarely reach the 25-employee threshold,
meaning they wouldn’t have an obligation
to have a disconnection policy. However,
many condo-related service providers,
such as management and security service
providers, will in many cases have 25 or
more employees.
For instance, the new rules are a reminder
that sending and reviewing messages,
whether by phone, email, or instant
message, is a type of work. And although the
new rules may not create any new rights for
employees, they shine a spotlight on unpaid,
off-the-clock work that many employees
perform when they invariably respond to
messages after hours.
Some email clients, such as Microsoft
Outlook, now have features that suggest
when emailing after-hours that your email
message be scheduled to be sent during
business hours; in condoland, however, this
may be impractical as directors have a varying
ability to respond to emails during the day.
Employers, particularly employers whose
employees are paid by the hour, should
review their practices and policies for tracking
and recording hours of work to ensure that
after-hours work is being properly tracked
and paid.
Condo directors needn’t worry that their
managers will all of a sudden become radio
silent after their designated office hours.
However, employers, and condo corporations
that don’t have any employees, should
take a hard introspective look at their own
workplace culture when it comes to unwritten
expectations for responding to inquiries
(and, in particular, non-urgent communications)
after hours. For some service providers,
directors may consider requesting a
copy of their service provider’s disconnection
policy; this could assist in the condo corporation’s
review of their own culture and, in
some cases, the policy may be necessary
to an assessment of excess charges paid to
service providers for after-hours work.
While the new legislation may not create a
right to disconnect, given the public attention
the issue has received, many employees
are likely to begin tracking their time and
demanding payment for all off the clock work
— or considering other opportunities where
disconnecting from work is encouraged. 1
Josh is a condo lawyer at Lash Condo Law
whose experience spans all things condorelated.
He is actively involved in the condo
industry and is a frequent speaker at industry
conferences and seminars. As the past president
of his condo corporation in downtown
Toronto, Josh learned first-hand about being
a director — and gained valuable insight into
what directors want from their lawyers.
What’s the Takeaway?
Although the new rules fall short of
“requiring most workplaces have a right
to disconnect policy”, they do serve as an
important reminder to employers and condo
corporations on certain issues.
www.REMInetwork.com | June 2022 13

IMPROVING THE CONDO
MANAGER’S WORKPLACE
Psychologically safe environments matter more than ever
It’s hard to imagine that
there’s a condominium manager
anywhere in Ontario who would
describe their job as easy. The breadth and depth of knowledge required
to do the job well are astounding. The hours are long, and condo managers rarely
get to “switch off.” They are never more than a few feet away from their phone,
even when taking a shower.
BY JULIET ATHA
14 CONDOBUSINESS | Part of the REMI Network

MANAGEMENT
Soft skills are necessary to do the job well,
including communication, time management,
and people management. On any day,
a condo manager can be pulled in many
different directions, depending on the latest
crisis or deadline.
Casting a shadow over all these challenges
to perform is the worry that an owner will
file a complaint with the CMRAO against
the manager because he or she didn’t like a
board decision or how long it took to respond
to emails. For some owners who are angry
or distrustful of the condo manager or the
board, this frustration escalates into actual
harassment.
While there are no statistics, anecdotal
evidence suggests that almost every condo
manager has experienced some form
of workplace disrespect, and a majority
have experienced workplace harassment.
Hopefully, only a very few were subjected
to physical threats or assault; but there
shouldn’t be any at all.
Condominium corporations have a duty
to protect their directors, manager, staff,
and owners. There are plenty of stories and
increasing court cases and CAT decisions that
shine a light on some outrageous behaviour.
Recent Court Decisions Denounce Owners’
Abusive Behaviour
Section 117 (1) of the Condominium Act
states: “No person shall, through an act or
omission, cause a condition to exist or an
activity to take place in a unit, the common
elements or the assets, if any, of the
corporation if the condition or the activity,
as the case may be, is likely to damage the
property or the assets or to cause an injury or
an illness to an individual.”
In TSCC 2519 v. Emerald PG Holdings et
al., 2021, the Superior Court of Justice ruled
that injury “includes psychological harm that
is beyond a trifling nature.”
The Ontario Superior Court of Justice
has also now ruled that the right to
accommodate a disability is no longer the
ultimate “right” (MTCC 580 vs Mills, 2021).
Those in the condominium community also
have a right to be protected from harassment
or oppressive behaviour.
Workplace safety legislation also
protects against harassment. In TSCC
2519 v Emerald PG Holdings et al., 2021,
the ruling stated that when a unit owner
or owners engage in threats of litigation,
intimidation and excessive hostility toward
a board and its property management, such
actions constitute workplace harassment.
The ruling states, “The verbal abuse, door
banging, physical intimidation, accusations of
wrongdoing, shouting, and micromanaging
constitute workplace harassment within the
meaning of the OHSA” (Occupational Health
and Safety Act).
If a condo manager or director is
subject to harassment or abusive
behaviour, it is vital to keep records of
the incidents, either copies of emails or
diarized descriptions of the interaction.
The corporation should consider seeking
legal advice from its solicitor early in the
process. Early intervention, a lawyer’s
letter to the owner, for instance, may help
stop the situation from escalating. It will
also demonstrate that the corporation
takes the situation seriously and acts
promptly to protect its directors and
management. It may also be necessary to
contact the police.
In extreme cases, the lack of respect
shown to managers, the board, or
other residents escalates into a messy
situation involving the police or the courts.
Although it may be a lengthy process,
legal tools are available to stop excessive
abuse. Andrea Lusk, a lawyer with
Gardiner Miller Arnold LLP, has provided
helpful comments about de-escalation.
“A common preamble to written decisions
from court or CAT where harassment is
alleged is how poor communication or failure
to deal with a legitimate request can cause
bad feelings,” she says. “These initial bad
feelings snowball a non-dispute into a claim
of mutual harassment. Often, harassment is
not found— just frustration by all sides.”
For example, a slow or non-response
to a standard request—for records,
maintenance, or enforcement—may cause
an owner to then question management and
the board. That owner may then consider
communicating their displeasure to fellow
owners or to management, repeatedly.
When we get past the “normal complaints”
stage, the owner and the condo are put
onto two sides, and many get trapped in
those roles. What could have been a short
response has now turned into exponentially
more work for the manager. If the condo’s
lawyer has to get involved, it escalates.
Absent an actual physical threat or
emergency, many items presented as
“urgent” can probably wait a day, or a week,
and be dealt with in due course with no hard
feelings. It’s best practice to acknowledge
a request, what must be done to address it
and communicate the timeline to the person
making the request.
Diarize the timeline for yourself. If you have
communicated a reasonable timeframe for
a response (even saying “the board meets
once a month, this is on the agenda and I
will reply to you after their next meeting”
or “we’ve called the contractor, we will let
you know when they get back to us”) you
have done what you can on that item until
you have more information. Continue to
communicate progress but otherwise keep
your boundaries.
The underlying foundation of some of the
abuse and harassment that a condo manager
or director experiences is the general lack of
respect for the work they do.
A recent Ontario Superior Court ruling
(Niagara South Condominium Corporation
No. 12 v. Kore et al., 2021) contains a very
astute observation. “It comes down to
respect: Respect for the rules. Respect for
employees, the board and one’s neighbours.
Respect for the common and shared
space of others.” Even though most condo
managers are not employed directly by a
condominium corporation, it is reasonable
to assume that “respect for employees” is
intended to include the condo manager.
It’s disappointing that so many
condominium managers are subject to a
lack of respect for their ability to do such
a challenging job. That was supposed to
change with licensing: condo managers
would be considered professionals like
lawyers and engineers.
www.REMInetwork.com | June 2022 15

MANAGEMENT
Replenishing the Condo Manager
Shortage
Condo managers also deserve respect
because this industry is in crisis. Unless
something changes, there simply won’t
be enough professionals to meet the legal
requirements of having each condominium
corporation managed by a licensed manager.
There are 12,120 condominium corporations
in Ontario but only 2,270 general
licensees and 1,399 limited licensees.
Burnout or disillusionment is a real issue
contributing to why condo managers,
both new and experienced, are leaving
their jobs.
There is no sign that the shortage will
improve in the near future, so it’s critical
that current condo managers want to stay
in the profession. Managers, management
companies and boards need to work
together to reduce the incidents of abuse or
harassment and encourage respect for the
condo manager.
Given this growing shortage, a community
must treasure a good manager. There is no
guarantee that the next condo manager will
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meet the high standards of a demanding
board—the grass is not always greener.
This is especially true for ACMO Registered
Condominium Managers. An RCM is bestin-class
in the profession and has plenty of
employment choices. Less than a quarter
of all condominium managers hold this
designation. RCMs have always been
committed to high standards and continuing
education, and they can find a new job
almost immediately.
Top 7 Signs that a Manager is Respected
1
No tolerance for abuse: It should
go without saying that threats or
physical abuse warrant police involvement
and advice from the corporation’s solicitor.
There’s a perception by some that verbal or
psychological abuse is “part of the job” and
isn’t a “big deal.” Foul language or verbal
abuse should not be tolerated. Boards have
accountability for making the bad behaviour
stop. Trying to avoid legal expenses should
not be a barrier to protecting the condo
manager. Have a Workplace Harassment
Policy in place and enforce it.
2
Perspective: The manager has
probably done 50 (or 100?) things
right today. So “going off the deep end”
about the one or two things that weren’t
done right, including a typo in a notice, is
an over-reaction. The courts have said that
corporations aren’t expected to be perfect,
so the manager shouldn’t be either. Ask
rather than accuse when in doubt about
something a manager has done.
3
Realistic expectations:
Acknowledgement that a manager
can’t get everything done at once and
tasks need to be prioritized. Major physical
building projects, legal disputes, ongoing
noise complaints and flood investigations
all take time away from regular duties.
Sometimes a manager might feel like a
magician when they have accomplished
so much in a day or solved a particularly
complex problem, but they don’t actually
have a magic wand. There are only eight
hours in a workday and five days in a
workweek.
4
Work-Life Balance: Recognition
that the manager has a right to
personal time. Perhaps a meeting can be
held at 8 a.m. or 5 p.m. instead of 8 p.m. so
16 CONDOBUSINESS | Part of the REMI Network

MANAGEMENT
“The underlying foundation of some of the
abuse and harassment that a condo manager or
director experiences is the general lack of respect
for the work they do.”
that the manager can enjoy time with their
family. Equally, if a condo manager stays late
for a meeting, it should be standard practice
to come in late or leave early the following day.
With no commuting time and less socializing,
Zoom meetings are more productive and
more respectful of the manager’s time.
5
Contract hours do not equal
office hours: The manager has
many tasks and duties, which require quiet
concentration or private time for confidential
discussions with a resident. If the posted
office hours when residents can drop by
are from 9 a.m. to 5 p.m., when does the
manager find that quiet time? Would it truly
negatively impact residents if the hours
were, for example, 9 a.m. to 3 p.m.? This
would provide the manager with two hours a
day of valuable uninterrupted time.
6
Appreciation: The manager
is thanked for their efforts, their
guidance and their long hours. In many
condominiums, the manager will be
thanked only once a year (at the AGM), and
sometimes not even then. It makes a huge
difference to the work environment when a
condo manager feels supported by the board
and the community.
7
Compensation: Fairly compensated
for their knowledge and expertise
and skills, especially in a workforce
which is experiencing shortages. 1
Juliet Atha, RCM, has been a condominium
manager for ten years and now heads the
team at Best Practices Property Management.
She holds an MBA from Ivey Business
School (Western University) and has been an
instructor of the ACMO Financial Planning
and Admin courses at Humber. Juliet is the
executive member at large on the ACMO
Board of Directors.
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contract and one point of responsibility,
we outpace traditional expectations.
Visit us at www.pacbuildinggroup.com
or call 416-999-9626 to get started today!
www.REMInetwork.com | June 2022 17

SPONSORED CONTENT
IS YOUR BUILDING EV-READY?
With a Smart System, you’ll be
Set for the Surge!
The world is rapidly changing, with
sustainable technology driving the way
to a cleaner, healthier tomorrow. By
2035, all cars sold in Canada will be zeroemissions
vehicles—an endeavour that
will require robust, ongoing investment
in charging infrastructure wherever
Canadians live, work, and play.
For condominium communities,
that infrastructure is quickly becoming
non-negotiable. With more Canadians
making the switch to electric vehicles
than ever before, the growing need for
charging stations could create a costly
bottleneck if the right steps aren’t
taken today.
Fortunately, technology has made
it possible to accommodate multiple
electric vehicles at once with smart
systems that load balance the demand
and reduce the costs associated with
single charger installations. Gone are the
days of wiring each charger directly into
the building’s limited electrical system,
which was the go-to method when EVs
were less prevalent.
“No building’s transformer will be able
to handle a large number of users,” says
Tasso Eracles, President, Smart Energy
Recovery—hence why his company’s
solution has been gaining momentum
in condominiums with an offering that
costs the condominium corporation
nothing. Rather than spending $5,000 -
$8,000 per parking spot and the ongoing
costs to repair, upgrade, bill, collect
and manage a system, condominium
owners can now rent a state-of-the-art
charging system on a one-year rental
agreement for $125 per month, plus
$1.25 per charging hour to reimburse the
condominium for the electricity used.”
In terms of payback, Eracles says it
represents about five years to recoup the
installation cost for the condominium
owner. Meanwhile, the benefits to the
condominium corporation include
avoiding all the logistical issues of
installing, maintaining and operating a
system without having to upfront any
money. Simultaneously, the resident
reaps the benefits of hassle-free terms

SPONSORED CONTENT
and maintenance, as well as the convenience of being able
to manage and monitor their own usage via an app. If that
resident chooses to sell the unit, no problem—the new buyer
can simply take over the annual rental agreement.
“We take care of everything, including repairs, replacement,
servicing, and updating technology as needed at no additional
cost,” Eracles says. “We think it’s a tremendous offering for
both the condominium and the individual, particularly given
the exorbitant price of gas.”
In terms of big-picture benefits, smart panels add value
by future-proofing the asset and creating a holistic EV-Ready
building. Not only does this positively impact condo values and
attract new buyers, but it benefits the environment too.
Smart Energy Recovery is an eco-friendly company
dedicated to helping condominium corporations and
property managers reduce their buildings’ carbon footprint.
Adhering to our motto of “Savings Made Simple,” we
specialize in no risk, no cost energy savings solutions like
condo retrofits, green loans, sub-metering systems, and EV
infrastructure. Visit www.smartenergyrecovery.com for
more information.
WHY NOW IS THE TIME TO INVEST
IN EV INFRASTRUCTURE:
• Transportation currently accounts for roughly
one-quarter of the country’s greenhouse
gas emissions. Given Canada’s goal of being
emissions-free by 2050, facilitating the move to
clean technology will help your building prepare
for the 2035 zero-emission vehicle sale target.
• To date, nearly 200,000 Canadians and
businesses have taken advantage of federal
incentives to purchase a zero-emission
vehicle—a number that’s expected to rise as
EVs become more affordable.
• Condominiums equipped with EV chargers have
a competitive advantage in today’s real estate
market; those ignoring the movement to EVreadiness
will lose favour with potential buyers.
• Technology is only getting better. Installing a
smart system as opposed to adding chargers
on a case-by-case basis could save your condo
hundreds of thousands of dollars in expensive
electrical service upgrades.
• The high cost of gas is prompting more Canadians
to make the switch to an electric vehicle sooner;
not having the right infrastructure in place cost
be a costly mistake.

A HOME ‘NOT QUITE’ AWAY FROM HOME
Over the past two years, Canadians have found
more reliance on family—one that housing cannot
support. What is driving multi-gen living and how
design can help people live with dignity—together.
BY REBECCA MELNYK
20 CONDOBUSINESS | Part of the REMI Network

FEATURE
Royal Oaks in Oakville, designed by Q4
Architects, will feature rear-lane townhomes
with multi-gen design, including secondary
suites in the coach house. Image by NAK.
“Once upon a time, not
too long ago, it was extremely
common to be living with
your in-laws.”
These days, when real estate
broker Chris Cansick is touring buyers
through Toronto’s costly housing market, he’s
more consistently seeing clients looking to
co-own with other family members so they
can afford to live downtown.
“Once upon a time, not too long ago, it
was extremely common to be living with
your in-laws,” says the Bosley Real Estate
professional. “It’s hard to find an old stock
Toronto home in Little Portugal or Little Italy
that doesn't have two kitchens. But today,
we’ve become so accustomed to living
individually that we think it’s odd people
would live with parents.”
In a supply-dry city, where the cost of
living rose 38 per cent since last year, and
where the population is projected to add
966,000 by 2046 — the average price of a
home, as of April, is more than $1.3 million.
For young families wishing to stay put, the
choices are slim. “Your choice will become,
do I want to live in a tiny condo or do I want
to pool my assets together and try to buy
a freehold property, which makes sense if
you think about the prices of condos,” says
Cansick.
Affordability aside, family dynamics have
changed. During the pandemic, parents
working without childcare and skepticism
over the adequacy of long-term care meant
more reliance on the family, says Frances
Martin-DiGiuseppe, founding principal, Q4
Architects Inc.
“We saw a heightened loneliness as
people were forced to shelter in place. Even
for parents living independently, the lack of
seeing family became a huge issue,” she
says. “We also saw that in young people
living alone — wanting to join the family
bubble meant living together.”
But the construct of an extended family
looking out for everyone’s well-being under
one roof is enshrined in old traditions that are
hard to physically realize in Ontario.
A report last year from Q4 Architects
and Housing Lab Toronto, Resilient
Ontario:Housing & Community Planning
for Multi-Generational Living, states
that the province doesn’t just have a
housing supply problem; it has a housing
type problem that is not responding to
trends like an aging population that faces
spiraling elder care costs and social
service deficiencies.
And more needs to be done. The latest
Canadian census shows that between
2016 and 2021, the number of people
65 and older rose 18 per cent to seven
million. In more detail, the 85-plus age
group reached 861,000, a number that is
projected to triple by 2046.
Canada also expects over 432,000 more
immigrants in 2022 and even higher numbers
in 2023 and 2024, who bring with them
cultural norms that disrupt the concept of
a post-World War II nuclear family house,
Martin-DiGiuseppe notes.
With new Canadians in particular, who
also look to sponsor relatives, many end up in
precarious multi-gen living situations due to
lack of city planning.
The Q4 Architects/Housing Lab
Toronto report details, in part, how an
influx of large numbers of immigrants
is causing them to live in overcrowded
housing. In Brampton, secondary suites
www.REMInetwork.com | June 2022 21

LEGAL
have become so popular within the
immigrant community that the building
department created a multilingual guide
to assist homeowners with permits and
construction.
“In 2019, the City of Brampton received
1,577 complaints about illegal or unregistered
secondary suites or basement apartments,”
the report states. “This shows the desire
for home sharing is outpacing the legal
framework allowing it.”
“I think there’s a real opportunity to create
better multi-gen homes: attached, contained,
within, adjacent, but separate facilities so
both families can live with dignity,” says
Martin-DiGiuseppe.
Making it Work
Multi-gen living is often an afterthought
for builders who continue to favour homes
geared to nuclear families. Rarely do
municipalities legislate them.
Particularly for townhomes in suburban
communities, solutions proposed in the
Q4 report are varied, but include flexible
zoning that allows for garage conversions
into secondary suites by reducing parking
requirements, and zoning that allows for
more than one “dwelling unit” within or
adjacent to the primary dwelling unit.
Various housing models could address an
array of multi-gen situations: more stacked
townhomes, a front load townhouse with
separate suite and shared kitchen for meal
sharing, or a rear load townhouse with a
coach house for increased privacy.
Inside, adaptable designs like movable
partitions between rooms separate
disruptive activities in open-concept
spaces; kitchen triangles—typically
designed for gender roles—can be
replaced with larger prep zones and
pathways, with an extra sink and counter
space. Garages that convert into multigenerational
suites should rough-in
electrical capacity and supply and insulate
exterior walls and under slabs.
Existing provisions rarely acknowledge
the future of multi-gen living.
Basements, for instance, are often
designed with inadequately sized windows
for secondary egress. “We know
that basements are being converted;
we know that they are becoming rental
suites, so we’d like to see basement
apartments made safe and habitable,”
says Martin-DiGiuseppe.
As well, the floor between a secondary
suite and the primary dwelling must be
constructed as a fire separation and cannot
be interconnected. “What we’re advocating
for is a recognition of multi-gen in the building
code that is different from secondary
rental suites; its families living together; they
will protect each other; they’re interested in
family security,” says Martin-DiGiuseppe.
We don’t need the same kind of onerous
and expensive requirements separating two
suites.”
When it comes to condos, there’s not a
whole lot of multi-gen design. Suites have
become smaller and not larger. “Some
families are buying several suites, choosing
to live together in the same building to assist
with childcare or aging parents,” says Martin-
DiGiuseppe. “But with condos, we haven't
seen how [developers] plan to address
multi-gen. There’s always a fear of doing
something outside of the market.”
22 CONDOBUSINESS | Part of the REMI Network

FEATURE
“I think there’s a real opportunity
to create better multi-gen homes: attached,
contained, within, adjacent, but separate facilities so
both families can live with dignity.”
Amenities that cater to various generations
are more likely found: daycares, senior facilities
for social activities and co-working areas, for
instance. Living arrangements are more
challenging. “There are a lot of hurdles to jump
through, but if you could have a connected suite
that allows your parents to live independently,
but be right there, you could combat loneliness,
mental health, personal care, and family
inclusion,” she adds.
Sandy Chen, broker for RE/MAX Ultimate
Realty Inc, has clients who have purchased
condo units in the same building as their kids
or parents. “To have their own space, but close
enough to help out,” she says.
But when it comes to families under one
roof, she sees multi-gen as more of a trend
with freehold homes.
“I have had situations where both the children
and parents sell their homes and purchase a
larger one together,” she says. “I do not find
townhouses as popular for multi-generational
purposes because there are too many stairs, and
the space is not big enough.”
“I know for certain cultures it is more
common.” Speaking about the Chinese
community in Markham and Richmond Hill, she
says the needs of multi-generational homes
are not necessarily separate apartments within
the same house. “Everyone lives together in
the same space, the house just needs to be big
enough.”
Amy Youngren, founder of NorthGroup.com,
concurs that such dwellings are more common
in the suburbs, outside of urban locales due to
cultural values and extra square footage and lot
sizes. Still, she sees multi-gen living “becoming
more and more prevalent” as housing prices hit
all-time highs in Toronto and the GTA.
“It remains to be seen where our market
goes in the coming months and years, but
we do anticipate that the desire for multigenerational
living will continue to grow,” she
says. 1
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www.REMInetwork.com | June 2022 23

SPONSORED CONTENT
TECH-SAVVY IN THE PROPERTY
MAINTENANCE INDUSTRY
Q&A with MJW Team
Technology has touched all corners
of the property management sector,
but not all prop-tech is easy to spot.
In the world of waste equipment
cleaning, for example, there are
tech-savvy tools and systems used
behind the scenes to achieve quicker,
cleaner, and higher quality results.
“We’re using technology as much
as any other service provider but
given the nature of our work and
where we do it, our clients don’t
always see that,” says Brian De
Carli, Vice President with the MJW
Team (division of Metro Jet Wash
Corporation).
How is tech upgrading the property
cleaning process? We asked Brian for
his insights.
HOW MUCH TECHNOLOGY GOES
INTO YOUR WORK?
Over the years, we’ve used tech to
completely transform how we work,
both at our clients’ sites and at our
head office in Etobicoke. Some of that
tech is more obvious, like in the trucks
we drive, the cleaning equipment we
rely on, and the safety gear we use,
like CO2 detectors. Then, there are
the systems we use to coordinate our
services, like our integrated sales,
dispatch, and human resources
system that make our teams far more
responsive and efficient.
HOW IS TECHNOLOGY ENABLING
YOU TO WORK SAFER?
Working safe relies on the ability to
track and monitor what happens
on the job and then using that data
to address risks as they crop up.
For instance, we use digital case
management tools to log incidents
that happened on the job to track
their impacts, how often they occur,
and what might be causing them.
That way, we can discuss them in our
health and safety meetings and take
immediate actions to ensure those
incidents don’t happen again.
HOW SPECIFIC IS THIS DATA?
It can be as specific as we want it
to be. For example, we have data
on buildings that we have done in
the past, which we use to instruct
teams of any concerns on-site
when they return. This is particularly
important for our teams to have this
information on hand, especially for
time management and accuracy.
ASIDE FROM JOBSITE SAFETY,
HOW ELSE ARE YOU USING TECH
IN THE FIELD?
It’s in the integrated dispatch system
that enables us to be more connected
and responsive with our clients.

SPONSORED CONTENT
It’s also in the advanced machines
and tools we use on the job, be it
our hot and cold industrial pressure
washers, odour control systems,
ride-on mobile sweepers and floor
scrubbers, industrial vacuum trucks,
and our GPS-enabled trucks.
WHY MAKE THESE INVESTMENTS?
The simple answer is that it’s part
of doing business; being the best at
what we do means using the most
up-to-date equipment. The other
answer is that our job has us working
in some of the dirtiest parts of a
building, whether it’s the garbage
room, parking lot, or catch basins.
Safety is on everyone’s mind, so
we need to continue using the best
technology to protect our teams
and keep these properties safe and
hygienic for anyone who works or
lives in these buildings.
WHY IS IT IMPORTANT TO STAY
CURRENT WITH TECHNOLOGY IN
YOUR FIELD?
Nothing is ever static. Whether
we’re working in condos, apartment
buildings, office towers, retail/ plazas,
and commercial/industrial facilities,
there will always be new challenges
and considerations that we need
to be able to deal with. We need
to continue delivering the service
we’re known for and keeping up with
technology is one way we do that.
Learn more about The MJW
Team (divisions of Metro Jet
Wash Corporation) at www.
metrojetwash.ca or contact the
team directly at 416-741-3999
or toll free at 1-844-669-3999.

CONDOBUSINESS WHO’S WHO 2022
TOP
TEN
IN THE CONDO
BUSINESS INDUSTRY
CONDO BUILDINGS TOTAL CONDO UNITS TOTAL
FirstService Residential Management Canada 1,214
Wilson Blanchard Management Inc. 628
Pacific Quorum Properties Inc. 624
Crossbridge Condominium Services Ltd. 390
Tribe Management Inc. 362
Rancho Management Services 355
Del Property Management Inc. 280
KDM Management Inc. 248
ICC Property Management Ltd. 238
AWM-Alliance Real Estate Group Ltd. 212
FirstService Residential Management Canada 115,315
Crossbridge Condominium Services Ltd. 93,279
Del Property Management Inc. 77,000
Rancho Management Services 50,992
Wilson Blanchard Management Inc. 44,148
Pacific Quorum Properties Inc. 36,107
ICC Property Management Ltd. 31,963
Icon Property Management 29,000
Tribe Management Inc. 28,381
AWM-Alliance Real Estate Group Ltd. 24,876
RANK UNITS BUILDINGS RANK UNITS BUILDINGS
1
422
FirstService Residential Management
Canada
4,322
12,000+
115,315 1,214
2 Crossbridge Condominium Services Ltd. 93,279 390
3 Del Property Management Inc. 77,000 280
4 Rancho Management Services 50,992 355
5 Wilson Blanchard Management Inc. 44,148 628
6 Pacific Quorum Properties Inc. 36,107 624
The number of licensed condominium
management providers in Ontario.
Total number of active licensees as of March 29, 2022,
according to the Condominium Management Regulatory
Authority of Ontario. They include General Licensees
(2,270), Transitional General Licensees (245), and
Limited Licensees (1,399).
The estimated number of condominium corporations in
Ontario.
7 ICC Property Management Ltd. 31,963 238
8 Icon Property Management 29,000 110
9 Tribe Management Inc. 28,381 362
10 AWM-Alliance Real Estate Group Ltd. 24,876 212
11 KDM Management Inc. 18,177 248
12 Goldview Property Management Ltd. 16,700 98
13 Apollo Property Management Ltd 15,888 131
14 Percel Inc. 15,200 187
15 SolutionCondo/Rentalys Solution 14,962 184
16 GPM Property Management Inc. 14,500 80
17 Nadlan-Harris Property Management Inc. 14,000 84
18 Comfort Property Management Inc. 8,000 80
19 Equium Group 7,850 88
20 AA Property Management 7,000 45
21 MF Property Management 6,805 105
22 Bayshore Property Management 5,273 77
23 Meritus Group Management Inc. 5,125 53
24 Shelter Canadian Properties Limited 4,344 29
25 Whitehill Residential 4,165 39
26 CONDOBUSINESS | Part of the REMI Network

CONDOBUSINESS WHO’S WHO 2022
RANK UNITS BUILDINGS RANK UNITS BUILDINGS
26 HighPoint Property Management 3,957 60
27 Berkley Property Management Inc. 3,950 42
28 SmartCentres REIT 2,767 5
29 Dove Square Property Management Inc. 2,753 36
30 Real Estate 360 Property Advisory 2,753 41
31 Canlight Management Inc 2,589 41
32 Brilliant Property Management 2,306 20
33
Guardian Property Management Services
Ltd.
2,200 41
34 The Enfield Group Inc. 2,200 50
35 Royal/Kente Property Management 2,000 60
36 Lionheart Property Management Inc. 1,700 61
37 Colliers Macaulay Nicolls Inc. 1,590 30
38 Warrington PCI Management 1,491 7
39 Taft Management Inc. 1,437 17
40 Downing Street Property Management Inc. 915 7
41 Condominium Living Management Inc. 576
42 Huntington Properties Ltd. 465 13
43 Summa Property Management 366 31
44 Arnon Corp. 281 3
MetCap_CPM_WhosWho_Supplement_2017.pdf 1 2017-03-20 12:28 PM
45 Southwest Properties Ltd. 200 2
46 Glenview Management Limited 163 1
47 Mainstreet Equity Corp. 129
48 Sterling Karamar Property Management 88 1
49 Armadale Property Management Inc. 64 9
50 Melchior Management 777 Corporation 63 4
51 The Regency Group 54
52 McCor Management (MB) Inc. 42 1
53 Skywater Property Management 41
54 Sabjoy Inc. 1
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www.REMInetwork.com | June 2022 27

DODGIN
FRAUDS
28 CONDOBUSINESS | Part of the REMI Network

G THE
TERS
Condo corporations are ripe with golden opportunities for swindlers. What
property managers, boards and financial advisors should do about it.
BY STEPHEN CHESNEY
www.REMInetwork.com | June 2022 29

FEATURE
In these economically trying times, as one
would expect, fraud has been rearing its ugly head. Unfortunately,
condominium corporations have increasingly become an easy target.
The reason condos have a metaphorical bullseye on them is likely
due to the widespread knowledge of legislation that requires them
to maintain large amounts of money in their reserve funds. This, in
conjunction with board of directors who often do not have extensive
education and experience on corporate governance issues, results in
a recipe for disaster.
Many years ago, there had been some major condominium frauds.
While these large-scale schemes have obtained significant public
attention, these swindlers are consistently developing new types of
frauds on a smaller scale, which are preventable and can be detected
in a timely manner.
The following three examples are types of fraud that could
easily transpire.
Example One: A condominium corporation pays its suppliers by
way of physical cheques. Suppliers can deposit the cheque from the
condominium corporation by using a feature offered by its financial
institution wherein it can simply take a picture of the cheque with
their phone, thereby never actually visiting a bank branch or depositing
the cheque by way of an ATM. A fraudster intercepts the cheque
by somehow obtaining the envelope mailed to the supplier with the
cheque in it (possibly from the Canada Post box). They change the
payee and the amount and deposit the cheque either on their phone
or at the bank into their own account. If the condominium corporation
does not reconcile its bank statement in a timely manner, the fraud
remains undetected for an extended period of time.
Example Two: A fraudster obtains the branch and bank account
number of a condominium’s bank account. The fraudster sets up an
automatic payment or electronic transfer out of the condominium’s
bank account to their account (possibly a shell company used to
redirect funds). Despite this charge appearing on the condominium
corporation’s bank statement, it goes undetected as the monthly bank
statements are not reconciled in a timely manner.
Example Three: The board of directors decides to invest the
corporation’s reserve monies into a GIC or term deposit with a financial
institution or they pay a supplier’s invoices by electronic transfer. Due
diligence is not conducted on the financial institution with whom
the condominium intends to invest or the supplier and the funds are
transferred electronically to the account number provided. Unfortunately,
the financial institution or supplier’s information is not legitimate, and the
money is actually transferred into a fraudulent bank account.
Given this real and impending threat, it is imperative that every person
involved with the financial administration of condo corporations do
their part to prevent or at least reduce the risk of a financial crime being
perpetrated. The management company, financial advisors (brokers)
and the board of directors should develop, enforce and continually
tighten internal controls to ensure that there is an efficient system in
place to prevent fraudulent activity such as the ones described above.
The Role of Management
Given the extensive involvement of the management in the financial
administration of a condominium corporation, it is crucial they develop
a set of controls and ensure that those controls are consistently
followed. The most vulnerable processes that require protection
include the collection of revenues (mainly common elements
assessments), the payment of all invoices, and the investing of the
reserve funds.
• Management should implement a procedure that requires all
revenue be deposited to the corporation’s bank account only, and
not deposited to any other individual or company’s bank account.
• Management should ensure that review processes are in place to
confirm that invoices are legitimate before paying them and that
payments are actually received by the intended vendor.
• Bank accounts need to be reconciled at a minimum each month
upon receipt of bank statements, but ideally more frequently.
Any discrepancies or suspicious activity needs to be investigated
immediately. If fraud is suspected, the bank and/or the police
should be notified immediately. The longer it takes to report, the
less likely it is that stolen funds will be recovered.
• Management should ensure they receive and review relevant
documentation from financial advisors (as outlined further below).
“The reason condos have a metaphorical
bullseye on them is likely due to the widespread
knowledge of legislation that requires them to maintain
large amounts of money in their reserve funds.”
30 CONDOBUSINESS | Part of the REMI Network

FEATURE
• Management should conduct due diligence on all institutions
with whom the corporation is investing. Even if directed by the
board of directors, management should ensure the integrity of
the financial institution before making any transfers. A thorough
investigation should be conducted of the financial advisor and
financial institution, especially if a higher than market value rate of
return has been offered.
The Role of Financial Advisors
Financial advisors, such as investment brokers, often provide
guidance and subsequently facilitate a condominium’s investments,
resulting in a flow of funds that is susceptible to fraud. It follows that
safeguards at each stage of the investment process will decrease
the likelihood of misadventure or, at worst, limit the extent of the
wrongdoing.
First, there is the decision of where to invest. Part of the
reason that there are legislative restrictions on the use of
condominium funds is to protect the corporation. As such, it is
important in the context of mitigating risk that financial advisors
to condominiums are educated and assist the condominium with
complying with the applicable laws.
Once a decision is made as to where to invest funds, there needs
to be a process in place to ensure that the investment is legitimate
and that the money is properly received by the financial institution
facilitating the investment.
Financial advisors should then provide written confirmation for each
investment in a timely manner and send monthly statements to the
management or to the board of directors (if self-managed).
The Board of Directors' Role
The board may be in the best position to protect the corporation
as they can oversee all of the processes and insist that controls
be enforced. It would be ill-advised for the board of directors to
simply rely on management, instead of using their mandate to
affect corporate governance and to ensure the implementation of
appropriate safeguards.
For example, the board should endeavor to:
• Review the full financial statement package provided by
management each month and ensure the bank accounts are
reconciled and that the reconciling items are accurate and
understandable.
• Review the payment process and ensure that payments are made
to legitimate suppliers and cheques are only signed with proper
support.
• Consistently monitor management to ensure all controls are
followed.
An Auditor's Role
An auditor cannot and should not be relied on to uncover fraud. Moreover,
financial audits are not designed or intended to detect fraud.
Since condo auditors only begin their work after the end of every
fiscal year, waiting for the auditor to detect fraud is not reasonable and
will simply be too late. Pro-active conduct and vigilance throughout
the year by the above-noted personnel can mitigate the damage of a
fraud.
There is really no excuse for stakeholders in the condominium
industry to be complacent. Use this opportunity to assess your
condominium’s processes and ensure the appropriate checks and
balances are in place at all levels to ensure that the hard-earned
money of the condominium’s owners remain where it is supposed to
be, in the corporation’s bank accounts. 1
Stephen Chesney, F.C.P.A , F.C.A., is a partner with the firm Yale PGC,
LLP Chartered Professional Accountants in Richmond Hill and currently
specializes in the auditing of Ontario condominium corporations.
www.REMInetwork.com | June 2022 31

THE CAT’S ELUSIVE MIDDLE GROUND
How fast is too fast; how far is too far?
For a household cat, that warm
spot on the floor in the direct sunlight
is just the right temperature. For the Condominium Authority
Tribunal of Ontario (the CAT) though, it’s often a bit more difficult to
figure out where that sweet spot is.
BY VICTOR YEE
32 CONDOBUSINESS | Part of the REMI Network

LEGAL
In the very first reported decision issued
by the CAT in 2022, the Tribunal ruled that
the condominium corporation ought to have
commenced its online application to the CAT
sooner, to enforce against an owner who was
keeping a pet cat in her unit (contrary to the
condominium’s no-pets prohibition), instead
of sending a second legal enforcement letter
to the owner from the condominium’s legal
counsel. The Tribunal held in Metropolitan
Toronto Condominium Corporation No. 736 v.
Verstova, 2022 ONCAT 1 (Verstova):
“The legal demand letter sent in April,
2020 stated that the corporation intended to
take legal steps to enforce Ms. Verstova’s
compliance if she did not remove the cat
from the property. On October 1, 2020,
jurisdiction over disputes relating to provisions
in governing documents which prohibit
pets was transferred to the Tribunal. Rather
than filing an application with the Tribunal,
the corporation sent a second legal demand
letter in November 2020, notwithstanding that
the two letters sent by Mr. Marshall in 2019
and the April, 2020 legal letter had all failed to
secure her compliance.
MTCC 736 delayed filing an application with
the Tribunal until June, 2021, more than a year
after the first legal demand letter was sent.
This delay resulted not only in additional legal
costs associated with the November 2020
letter but also in continued inconvenience
to the owners affected by Ms. Verstova’s
violation of the pet rules.”
However, a few months later, the Tribunal
suggested in another case that perhaps the
condominium ought to have waited a little
longer before pursuing the CAT application. In
Toronto Standard Condominium Corporation
No. 2745 v. Islas, Barahona and Martinez, 2022
ONCAT 36 (Islas), the Tribunal held that:
“While it would be unfair to characterize this
case as a matter “blown out of proportion,"
it appears to be a matter that might have
been resolved with both a bit of patience and
cooperation. A condominium corporation
is entitled and obliged to seek compliance
with its governing documents, but there is
also an expectation of reasonableness in its
enforcement actions.”
In Islas, a tenant’s large pickup truck was
parked in a parking unit, which exceeded the
parking unit’s boundaries, and Article 4.5(a)
of the condominium’s declaration explicitly
stipulated that, “The Owners of Parking
Units shall not permit any portion of any
motor vehicle parked within a Parking Unit to
protrude beyond the boundaries of the Parking
Unit and encroach upon any portion of the
Common Elements or upon any other Unit.”
The condominium warned the owners
of the parking unit that their tenant’s large
pickup truck exceeded beyond the defined
boundaries of the parking unit and, therefore,
was in contravention of Article 4.5(a) of the
declaration.
On at least two separate occasions prior
to the CAT application being filed, an owner
of the parking unit advised the condominium
that the matter would be rectified; and on
both occasions, a subsequent inspection by
the condominium discovered that the large
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LEGAL
pickup truck was still exceeding the parking
unit boundaries and encroaching onto the
common element drive aisle.
Since the parking unit in question was
located at an intersection where drivers turned
on a daily basis, the pickup truck’s protrusion
into the aisle interfered with the available
driving area.
In view of the false assurances by the unit
owner and the potential risk that the oversize
truck presented to others, the condominium
filed a CAT application against the parking
unit’s owners and tenant to enforce
compliance.
As the CAT application was ongoing, the
tenant eventually cleared out the other items
that were being stored in the parking unit,
and began parking the pickup truck further
into the parking unit, which lessened the
encroachment into the drive aisle, but did
not entirely eliminate it. Due to its sheer size,
the large pickup truck was still exceeding the
parking unit boundaries.
The Tribunal ultimately held that the
condominium had properly commenced the
CAT application to enforce compliance and
was, therefore, entitled to have the owners of
the parking unit reimburse the condominium
for the $150 that it paid in CAT filing fees
— effectively allowing the condominium to
charge a monetary “fine” for the tenant’s
infraction.
However, the CAT was of the view that the
pickup truck was now “virtually in line with the
pillar” which demarcated the boundary of the
parking unit and, therefore, no further Order
was required from the Tribunal. The CAT held
at paragraph 14:
“It may not be ‘perfect’ compliance (that
might require a vehicle shorter by several
centimeters), or perhaps it is negligibly
noncompliant, but it does show compliance
with the intent of Article 4.5(a)."
But in paragraph 13 of Islas, the CAT noted
that “Compliance with the terms of the TSCC
2745’s governing documents is an obligation
of owners and their tenants” — and clearly,
even the photographs appended to the CAT
decision in Islas show that the tenant’s large
pickup truck is still exceeding beyond the
parking unit boundaries, in violation of Article
4.5(a) of the condominium’s declaration.
Contrary to paragraph 16 of Islas, there clearly
still is no “compliance with the declaration”
here, as Article 4.5(a) of the declaration is
explicitly clear that no “portion of any
motor vehicle” may “protrude beyond the
boundaries of the Parking Unit.”
The courts of Ontario have repeatedly
held that the provisions of a condominium’s
declaration are not required to be
“reasonable” like a condominium’s by-laws
or rules are, and that a unit owner of a
condominium is entitled to expect that the
other owners will be held to comply with the
provisions of the declaration.
If, for example, a potential purchaser was
aware of the requirement in Article 4.5(a) of
the declaration that their vehicle must not
exceed the parking unit’s boundaries, then
that unit owner might have deliberately
chosen to purchase a more expensive parking
unit with larger dimensions to wholly fit their
vehicle — to ensure that there would not be
“any portion” of the vehicle which protruded
out, in violation of the declaration. Now, with
the CAT’s ruling in Islas, that unit owner might
be wondering why they even bothered paying
for a larger parking unit; when they could have
just bought a smaller parking unit instead,
parked their large vehicle which exceeds
the parking unit’s boundaries by “several
centimeters,” and asked for forgiveness later.
The CAT itself has previously held in Essex
Condominium Corporation No. 25 v. Ferrari et
al., 2021 ONCAT 79 (Ferrari), that a unit owner’s
choice of a large pickup truck which does not
fit inside the underground parking garage does
not mean that the unit owner can consequently
violate the condominium’s governing
documents and park their truck however they
want. In Ferrari, the Tribunal held:
“The fact that large pick-up trucks might
now be a vehicle of choice for a large
portion of the population does not make
the Rule unreasonable; nor does the fact
that the Rule has remained unchanged for
30 years. The Respondents would have
been aware of the size of the parking spots
assigned to them when they purchased
their units and, thus, would have been
aware of the size of the vehicle that could
fit in their designated spot. If they owned
or chose to purchase a vehicle that did not
fit into the spot, this was their choice. […]
While the Rule may be very inconvenient
for owners who do have a large truck, I
conclude that it is not unreasonable.”
Despite Ferrari being referenced on multiple
occasions by the condominium (represented
by this author) in the correspondence and
the evidence submitted to the CAT in Islas,
the Tribunal’s final decision in Islas makes no
reference to the Ferrari case.
So, what is the appropriate middle ground
here, according to the CAT? How fast is too
fast to bring an enforcement matter to the
Tribunal, and how far can a vehicle protrude
out from the physical dimensions of a parking
space before it is no longer merely “negligibly
noncompliant” in the eyes of the CAT?
In Verstova, the CAT held that the
condominium did not proceed quickly enough
to the Tribunal. In Islas, the CAT suggested
that the condominium could have perhaps
slowed down.
In Ferrari, the CAT held that just because
a large pickup truck cannot physically fit
within the parking garage’s dimensions, that
does not mean the vehicle can be parked
in violation of the condominium’s governing
documents. In Islas, the CAT ruled that a large
pickup truck which does not physically fit
inside the dimensions of the parking unit could
still be parked in violation of the declaration.
Maybe like Goldilocks at the home of
the Three Bears, it might take multiple
attempts of chair-sitting, porridge-eating,
and bed-sleeping to figure out where that
elusive middle-ground lies. 1
Victor Yee is a condominium lawyer and
litigator at Elia Associates, a law firm that
specializes in condominium law. Victor has
successfully represented clients at all levels
of court in Ontario, in various tribunals
throughout the province (including the CAT),
and in condominium-related mediations and
arbitrations. He can be reached via email at
vyee@elia.org.
34 CONDOBUSINESS | Part of the REMI Network

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www.REMInetwork.com | June 2022 35
9/29/17 10:20 AM

SPONSORED CONTENT
SHOULD I SUBMIT THAT
CONDO INSURANCE CLAIM?
Insights for making an informed decision
By Tom Gallinger, Vice President, Atrens-Counsel Insurance Brokers
It’s a scenario that any Canadian might encounter. In a
rush to get lunch between meetings, you jump in your car,
reverse quickly out of the driveway, and – crunch – slam
directly into your neighbour’s car door. After apologies
are made, and cooler heads prevail, the next move is to
make a decision: Do I put this through my insurance? Even
though I pay thousands of dollars to insure my cars and
property, is it worth it to make a claim?
It’s a difficult question. It’s also one that condominium
board members, property managers, or even unit owners
can face when an incident occurs at their building.
Determining the best answer begins by understanding
the factors at play regarding property insurance. Across
the globe, insurance companies employ actuaries who
help them review and determine what price levels to
charge for insurance on buildings. Their determinations
are based on risk factors at a property, including
geographical location, construction material, age, size,
occupancy, maintenance standards, physical protection,
and (especially) the building’s claims history.
One of the most important factors that insurers review
is the frequency, severity, and cause of any insurance
claims that have occurred. To that end, insurers and their
actuaries and underwriters follow the general rule that
losses in the past are the biggest predictor that a client
will incur losses in the future. Essentially, what this means
is that if you have one claim or multiple claims in the past
five years, you are viewed as a more risky client and will
pay premiums according to that heightened risk level.
PREPARING FOR A CLAIM
Let’s go back to the questions at hand. When an incident
occurs, what can a condo corporation do? Moreover,
when is the best time to submit a claim?
For one, it’s important to understand that corporations
don’t have to file a property claim immediately. In most
cases, corporations have up to a year – or, in some cases,
two – to formally submit the claim.
While you may have time to submit a claim, the clock
will be ticking on mitigating loss or damage following
an incident. Herein, one thing corporations benefit from
doing is calling a restoration contractor to perform
emergency services as soon as possible. For example, if
dealing with an incident that caused water damage (one
of the most common types of loss for condominiums),
they will bring in equipment to suck up excess water, use
fans and dehumidifiers to stabilize the damage, and take
other actions as necessary to prevent mold or further
damage from occurring.
When seeking a contractor, it’s important to verify they

SPONSORED CONTENT
are on your insurer’s pre-approved list. That way, if the
work becomes a claim, you know that the pricing the
contractor charges is acceptable to the Insurers.
It is also important that the contractor has experience
with condominium insurance claims. They can be
complicated as only some of the damaged property
is the responsibility of the condominium. Some will be
the responsibility of unit owners, such as any moveable
property within the unit and betterments over and above
the condominium’s standard unit bylaw. A contractor
with condo experience will know this and be sure not
to include any unit owner costs in their estimate for the
condominium.
TO CLAIM OR NOT TO CLAIM
Once the immediate emergency services are complete,
there’s more time to determine whether or not submitting
a claim makes sense. At this point, the board or property
management might consider requesting an estimate from
the contractor on the approximate cost to do the repairs
and restoration work. This will help them decide if they
want to proceed and submit the claim.
The decision to submit will vary for each situation. The
general rule of thumb, however, is if the amount you’re
seeking is three times the condominium’s deductible it is
worthwhile to consider submitting a claim. Still, it is always
best to speak with your insurance broker, an independent
partner who is not the insurance company and will work
for the condo to negotiate with the Insurance companies.
They can review your claims experience and offer insights
based on their own experiences on what might happen if
you go through with the claim.
For larger claims, the adjuster will manage the process
of securing multiple bids from contractors to ensure their
restoration costs are competitive. The condominium’s
adjuster will also coordinate with any impacted unit
owners and their insurance adjusters to ensure all costs
are divided fairly based on the condominium’s standard
unit bylaw. The insurer will pay for any covered damage
above the condominiums deductible.
Condominium insurance policies contain multiple
deductibles that are dependent on what kind of claim
causes the loss or damage to the property. Although
the condominium must pay its own deductible out of
its operating expenses, there are situations where the
condominium may be able to recover this deductible
amount from a unit owner. Discussing this with your
insurance broker or corporation lawyer will help ensure
that the condominium minimizes its own expenses during
a property loss.
Deciding to file a claim for condo damage is never
cut and dry. That’s why, after the immediate risks are
addressed, it pays to take time to assess the damage,
seek advice from trusted partners, and make decisions
that make sense for you.
For more multi-family property insurance insights and support,
visit Atrens-Counsel Insurance Brokers (part of Arthur J
Gallagher Canada Limited) at www.atrens-counsel.com,
call at 1-877-627-6222 or email info@atrens-counsel.com.
CHOOSING TO FILE
If a claim is formally submitted to the Insurers, an
independent adjuster will be assigned. They will work with
the board and property management to further quantify
the damage, get the right contractors to properly repair
the damage and ensure the contractors and condominium
are reimbursed by the Insurers for all covered costs.

A HIGHER PURPOSE
For condo managers, dealing
with unethical behaviour and
interpersonal conflict is a daily
occurrence that escapes a 9-to-5 life. So, why should
anyone join this profession?
BY BOGDAN ALEXE AND
VAL KHOMENKO
Ontario’s condominium management industry
has rapidly evolved over the last few years with
the emergence of licensing and regulatory
requirements. But now it faces a staffing crisis
at an unprecedented level, with many seasonal
managers and executives leaving the industry
due to retirement or other opportunities.
To woo talented and futuristic candidates,
management service providers attempt
to sway the troops with top dollar and the
promise of a great community, but rarely
discussed are the reasons why someone
should join, or even remain within, this
somewhat unknown career path.
There are valid reasons deterring people from
the profession, namely difficult personalities.
Managers might be cursed at and threatened
throughout the course of their career; their
names, and the management service provider,
might be dragged through the mud in the
newspapers for something that they have no
38 CONDOBUSINESS | Part of the REMI Network

Berkley_GTA_November_2016.indd 1
2016-11-11 10:34 AM
MANAGEMENT
control over. There may be instances of unethical
behaviour they are powerless to stop, and
interpersonal conflict will be a daily occurrence
because the Condo Act and various condo
documents are adversarial in nature. Ultimately,
this breeds contention. A manager may feel
anxious, frustrated, alone and ask: “Why am I
here”?
Nor is this a 9-to-5 career. Clients have
monthly meetings with often late nights; the
workload keeps managers past “office hours,”
into the weekend sometimes. Calls come in
past 5:00 p.m. to address various types of
emergencies, ranging from multi-floor floods to
fires and major equipment breakdowns.
Managers now face a high risk of burnout
and there is a mental health crisis in the industry
with few resources to help. Meanwhile, condo
boards today want a manager who is capable of
withstanding all this pressure.
But for those keen on dealing with people
from all walks of life, while not being glued to
a desk, this is also a wonderful time to work
in this profession. Managers get to service
communities and residents, learn new and
exciting topics, which make for a well-rounded
working life, and become leaders in the
corporations they service, in the industry and in
the communities where they live.
Crisis management will be your forte. People
skills will be your sword and shield. Knowledge
and ability to adapt will be your power.
Duty to Serve
The rush from successfully problem-solving
an issue is intriguing, with time spent
prolonging the lifespan of equipment
through proper maintenance and adhering
to manufacturers’ recommendations and
best industry practices.
Managers are involved in replacing major
components of the building’s assets to preserve
the best interests of the corporation, formulating
and maintaining an annual plan that keeps the
wheels of the corporation turning, and servicing
residents administratively.
There is a higher purpose in this line of work.
Over a million residents live in condos, and more
buildings are being built today than ever before.
To provide service to residents, especially in
the vicinity of their home, is a challenging and
fulfilling task. To preserve their assets and the
assets of the corporation is the obligation and
duty under the Act. That ultimate sense of duty
to serve is what calls to this industry. This is the
most opportune time to answer the call.
Opportunity for Life-Long Learning
To be able to execute on a high level in a
fast-paced environment, learning is the
key ingredient. During the span of a condo
management career, people learn about the
building and workings of condo communities, as
well as other aspects of professional life.
There are great service professionals,
trades and vendors to meet. Through them
or inadvertently, there is much to learn about
laws, government structures and corporate
governance affecting condo corporations.
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www.REMInetwork.com | June 2022 39

MANAGEMENT
There are opportunities for public speaking,
chairing meetings, record keeping and
minute taking, and the chance to wear
many hats — to be a generalist.
Trust.
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Becoming a Leader
For those looking to display their leadership
qualities, this is an industry in need of
strong leaders. A manager is the frontand-centre
person for the corporation in its
day-to-day operations and beyond, dealing
with various stakeholders and managing
multiple staff. Residents and owners will
look to you for guidance about their home
and their role in the condominium.
More beneficially, many managers
are joining the board of directors in the
communities where they live to serve as
a volunteer member. Managers are also
stepping-up and joining volunteer industry
organizations to promote education, higher
service standards and to shine a light on
issues facing condominiums.
A number of management service providers
have opened charity organizations,
giving back to the communities in their
respective regions. Managers are also
organizing charity drives in partnership
with other stakeholders to raise awareness
and funds for a particular cause. There
are many opportunities to volunteer and
give back in this sector, which is a fulfilling
experience.
Being a condo manager is not the most
glamorous of professions by any means; it
is an industry rapidly evolving, with many
challenges and opportunities to grow.
There will be difficult times and many
will likely reconsider this path, but to truly
succeed in the field, one should embrace
the challenges and accept the obstacles.
The satisfaction of solving issues is
unparalleled. 1
Bogdan Alexe is President and CEO of B1
Management Group Inc. B1 Management
Group provides expert condominium
management and consulting services
for clients in the GTA, employing the latest
technology and 20+ years of hands-on
experience. B1managementgroup.com
1 Concorde Gate, Suite 808
Toronto, Ontario
416.443.9499
mcgregor-allsop.com
Val Khomenko is a Senior Condominium
Manager with ICON Property Management
Ltd. based in Toronto, Ontario providing
condominium management services in the
Greater Toronto Area. Val can be reached at
val@iconpm.ca
40 CONDOBUSINESS | Part of the REMI Network

CORPORATE HEAD OFFICE
101 CASTER AVENUE, VAUGHAN, ONTARIO, L4L 6A4
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2017-10-04 2:29 PM
www.REMInetwork.com | June 2022 41

MANAGEMENT
PLUGGING INTO THE FUTURE
Electric vehicle chargers: reserve funds and visitor parking
You may have noticed a change
in the gas pumps recently, and
it’s not just the price of fuel. Your
BY GREG FRALEIGH
local garage may have recently retrofitted their pay-at-the-pump
screen options to accommodate the increased cost of gas, updating prepaid amounts
to a higher value since a twenty-dollar top-up now barely moves the gas gauge.
Consumer confidence in the viability of electric
vehicles is growing as we consider the longterm
impact of what these price hikes mean.
Whether it’s getting to work, running errands,
or visiting friends and family, the cost of travel
is becoming evident. We can now envision a
future where it will be cheaper to buy electric
rather than a mechanical, gasoline-fueled
vehicle. The goal is that by 2035, we’ll all be
driving them. What will this look like?
Connor Stewart started up his company,
Charge Guys, in 2018 when he recognized a gap
between people purchasing their first electric
vehicle and being set-up with a charging station.
As the company grew, he saw an opportunity
to educate and provide solutions for multiresidential
spaces.
“Up to now, we’ve been very reliant on oil
and gas to transport us,” says Stewart “We've
recognized as a country and as a society that
this is no longer sustainable. In Canada, we are
now shifting from gas sources of energy—from
‘dirty’ sources to clean and renewable sources.
EV charging is the first piece of the puzzle. If
42 CONDOBUSINESS | Part of the REMI Network

MANAGEMENT
everyone is switching their number one mode of
transport to something electric and renewable,
what’s to say they aren’t comfortable switching
their entire home?”
It’s something to consider given the dynamic
of the environmental crisis and the speed with
which the climate is changing.
“In Toronto there’s already a framework in
place called the Toronto Green Standard (TGS),”
continues Stewart. “It’s a framework that by
2030, every building built in Toronto has net-zero
emissions being emitted into the atmosphere.
So, we’re already seeing it further up-stream.”
A poll conducted by Clean Energy Canada in
May found 53 per cent of Ontarians now lean
towards choosing electric over gas or diesel,
but are bothered the province isn’t keeping pace
with the rest of Canada.
“There was a higher proportion of EVs sold
in the Yukon last year than in Canada’s most
populous province,” Transportation Program
Manager Joanna Kyriazis said in a statement.
“A lack of provincial EV policies has meant that
the majority of new EVs made for the Canadian
market are sent to Quebec and B.C., making
it even harder for Ontarians to get behind the
wheel.”
Another factor stalling operations is the wait
time for ordered vehicles, with the demand for
microchips causing delays.
“I ordered an electric Ford F150. I was told
it’ll be here in 2025,” says Stewart. Meanwhile,
his father, who owns an automotive dealership
in Woodstock, Ontario, has had to completely
close for the time being due to the exorbitant
cost of stocking new vehicles. “Dealerships
are cutting staff and other expenses to save
costs,” he says. “Prices will come back down
eventually, but right now it’s chaos.”
Stewart says this period is a time of caution
but suggests that it also offers an opportunity
for condo managers to think ahead. “Now is the
time to be proactive. The automotive industry is
lagging now, but when it catches up, it’s going to
hit hard. You’ll want to have EV charging built into
your next reserve fund study and be prepared for
demand.”
Revving-up the Reserve Fund
This sentiment is shared by many. While
subsection 93(2) of the Condominium Act
specifies that the reserve fund can only be used
for the purpose of ‘major repair and replacement
of the common elements and assets of the
corporation, including the potential existence and
planning of such a system in the reserve fund
ensures that it becomes part of the corporation’s
long-term goal.
The first step is requesting an Electric Vehicle
Study. This allows a corporation to structure the
costs of EV charging and to incorporate the cost
of installing the electrical panel into their next
reserve fund study. As of today, if a unit owner
approaches the board to say they’re buying an
electric vehicle, there’s only 30 days to provide
a plan of action. Proper planning now will mean
that when this happens, the corporation will
have an agreement already drawn up (preferably
by a lawyer) and know exactly what the cost to
the unit owner will be.
Once installed, maintenance and repair of the
charging stations and panel becomes a reserve
fund expense, but the planning and installation
can be taken care of by one of the many
emerging turnkey EV companies that operate
throughout Ontario and British Columbia.
New buildings are subject to laws and
regulations, which require them to be
compatible with EVCs. The benefits of
making electric vehicle charging accessible
in all multi-residential buildings—both old and
new—are numerous. It is an attractive salesfactor
for potential purchasers, can provide an
alternative revenue stream through branding
and advertising on charging stations, as well as
offer potential revenue from pay-as-you-charge
users. Adding to this is the simple factor of the
convenience of charging at home.
While the initial cost of electric vehicles may
seem expensive now, consider the reduced
The automotive industry is lagging now, but
when it catches up, it’s going to hit hard. You’ll want to
have EV charging built into your next reserve fund study
and be prepared for demand.”
www.REMInetwork.com | June 2022 43

MANAGEMENT
“53 per cent of Ontarians now lean
towards choosing electric over gas or
diesel, but are bothered the province isn’t keeping
pace with the rest of Canada.”
cost of maintenance (think: ‘no more oil changes’) and the $5 billion being
spent in Windsor for a battery plant, and the $2 billion spent by GM to
update the Oshawa and Ingersoll vehicle assembly plants to support
manufacturing electric vehicles. The increase in the number of available
electric vehicle models is multiplying quickly.
When implementing the systems, Stewart says that while some
buildings may take a solution allowing billing of individual users, others
may tap into an existing sub-meter going to a specific unit and adding
the charging costs to their monthly bill. Property management, for
the most part, should be excluded from the final billing process, and it
should be noted that most property management agreements include
a clause that they will not be responsible for hydro billing.
So, where do you put the charging stations? Communal parking spots
are desired, but not readily available. Visitor parking stalls may seem like a
perfect solution, but the current legislation around their use means their
use is a revolving-door of condo-conundrum.
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Charging-Up in Visitor Parking?
Can a corporation install electric vehicle charging stations in visitor parking?
In a post on Miller Thomson Lawyer’s website, lawyer Jason Rivait
explains that: “A common thought from condominium corporations is
to install the electric vehicle charging station in the visitor parking spaces
of the property. Most declarations will contain language regarding the
specific use of visitor parking spaces. Commonly, declarations will provide
that the use of visitor parking spaces shall be for visitors to the building
and for no other purpose.”
“If visitors are only permitted to park in visitor parking spaces, then
an electric charging station in such parking spaces would be of limited
value to the residents,” Rivait continues. “Additionally, if residents
parked in visitor parking spaces to charge their vehicle (even if only for
an hour or two), then such residents would be in contravention of the
declaration, and the condominium corporation would be obliged to
enforce compliance.”
Jake Fine of Lash Condo Law further commented on this in a Zoom
call interview. “Generally speaking, if a declaration prohibits the use
of visitor’s parking by residents or owners, and exclusively limits it to
use by visitors or guests. . . a corporation would not be able to install
electric vehicle charging stations in the visitor’s parking for the use
by owners or residents. For visitors, yes, that technically would be
permitted, generally speaking, of course, but I would say no for the
use by owners and residents.
“Now, the workaround—which is not really a workaround—
is to amend your declaration, which is an onerous process. Each
corporation should ensure to check its documentation and any
development agreements because some development agreements
require that corporations have a certain number of visitor parking
spaces.”
So, does current legislation need to change to meet the demand
we’re expecting in the very near future?
“It’s definitely possible,” says Fine. “The electric vehicle charging
provisions right now are fairly new and in their infancy. Once
amendments are introduced to help reflect some of the problems that
are now being seen, it's possible that the legislation will continue to
change to address the evolution of electric vehicles in condominiums.”
Thankfully, hope is on the horizon with revisions to the
Condominium Act (Section 93) anticipated, allowing corporations to
include green energy projects as approved reserve fund projects. Until
then, using the reserve fund for a component, which has not yet been
budgeted for, means taking funds away from a repair or replacement
which has been preplanned. As always, it is best to consult your
corporation’s legal counsel before moving ahead. 1
Greg Fraleigh is President of The Enfield Group Inc.
44 CONDOBUSINESS | Part of the REMI Network

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MANAGEMENT
OFFSETTING THE COST OF EV CHARGERS
New rebates bring some relief
In Canada, the governing
Liberal Party a n n o u n c e d a
mandatory target for all new light-duty cars and passenger
trucks to be zero-emission by 2035. Many suburban homeowners are
warming up to the idea of trading in their tried-and-true gasoline engines. With gas prices on
the rise, and the federal government expanding its electric-vehicle rebate program in April to
include new larger, more expensive offerings from automakers, it may not be difficult to justify an
investment in an upgraded 200-amp service and a home charging station.
BY ILIA ALEXEEV
46 CONDOBUSINESS | Part of the REMI Network

TECHNOLOGY
The same is also true for new residential
and high-rise construction where
developers are keen to take advantage of
clean technology incentives and rebates
and recognize the long-term benefits of
an all-electric infrastructure. However, the
path to real EV adoption lies in building a
robust infrastructure for city dwellers who
did not have access to this technology in
the past.
An EV Challenge in Older Buildings
For residents of older, existing multitenant
condo and residential buildings,
charging station availability is a major
issue. An April 2021 Metro Vancouver
Climate Action Committee report found
that despite EVs being key to the region
reducing its carbon emissions, there
wasn’t enough infrastructure in multiresidential
buildings for drivers to charge
their vehicles at home.
Installing one or two charging stations
in older buildings shouldn’t present a
problem. The additional electrical load
won’t be significant and should be easily
supported by the existing infrastructure.
But ultimately, adding more than a few
stations is where mass adoption may
come to a screeching halt since the
costs to retrofit an entire parking lot are
significant.
A Challenge for Energy Providers
Energy providers have been optimizing
the way their grid is utilized for about a
decade now. Many of us are familiar with
time-of-use rates which enable us as
consumers, and as Canadian citizens, not
only to manage energy costs, but also
to be more conscious of our collective
energy usage and how it affects the
infrastructure and the country we live in.
With the advent of mass EV charging,
grid utilization patterns will experience a
paradigm shift as hundreds of thousands
of Canadians plug in their EVs after work.
As governments continue to promote
adoption of zero-emissions vehicles,
our energy providers are challenged to
scale their distribution grids to be able to
accommodate significant loads associated
with hundreds of thousands of future
charging stations.
A Range of Rebates
Fortunately, there are rebates available to
offset the cost of installing EV chargers.
For example, B.C. and Québec offer
rebates specifically targeted at multiresidential
buildings.
In B.C, there are two provincial rebate
options: the EV Ready rebate program and
a standalone EV charger rebate.
• For the first, there are three components.
A rebate of up to $3,000 is offered for
the creation of an EV-ready plan, which is
defined as a professional strategy to have
at least one EV charging spot available
for each residential unit. The EV Ready
infrastructure rebate offers buildings up to
50 per cent of costs to install the electrical
infrastructure required to implement the
EV Ready plan, to a maximum of $600
per parking space and a project maximum
of $80,000. Finally, as of May 2022 the
EV charger rebate has some limited-time
increases, and offers up to $4,400 per
charger (regularly $1,400) to purchase and
install Level 2 networked EV chargers
to implement your building’s EV
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MANAGEMENT
Ready plan, to a maximum of $25,000
(normally $14,000).
• As of May 2022, the second rebate
offer has also increased temporarily.
The EV charger rebate provides up to
$5,000 per charger (regularly $2,000)
for the purchase and installation of Level 2
networked EV chargers at residential parking
spaces. This is up to a maximum of $25,000
(regularly $14,000).
In Québec, buildings can receive 50 per cent of
eligible costs for the acquisition and installation
of EV chargers, up to a maximum of $5,000
per wireless station or $5,000 per connector for
charging stations with one or more connectors,
which allow for simultaneous recharging for
the equivalent number of electric vehicles. The
maximum total a building can claim through
the program varies depending on the number
of units. The maximum for a building with 20+
residential units is $25,000.
Nationally, Natural Resources Canada
accepted requests for proposal (RFP) for
charging in public places, on-street, multiunit
residential buildings, workplaces and
light-duty vehicle fleets until August 11,
2021. For Level 2 chargers, the ministry
offered to cover up to 50 per cent of the
total project cost, up to a maximum of
$5,000 per connector. The ministry plans
to launch another RFP process early this
year.
The Solution
With many people still working from home in
the face of the global pandemic, smart building
and smart community solutions aim to enhance
the way property managers operate their
infrastructure. Submetering systems, moisture
sensors for leak detection and indoor air quality
— among other Internet of Things (IoT) devices
— are quickly becoming essential to providing
an efficient and safe environment, especially in
multi-residential buildings.
Experienced utilities providers can
offer a robust smart building platform to
ensure EV stations are seamlessly added
to the building infrastructure as easily as
installing new applications on a cellphone.
Besides providing a common interface to
manage various maintenance tasks (service
calls, resident move-in/out, etc.), these
platforms can easily pair new EV chargers to
their respective owners, so once the necessary
power cabling is complete, energy consumption
is added to the tenants’ electricity bills.
Accurate billing of residents and visitors for
station usage is an out-of-the-box service, but
as more stations are added to the platform in
the future, energy and property managers will
leverage the smart building and EV infrastructure
to ensure optimal energy utilization, manage
demand, and monitor other building operational
efficiency metrics.
Rebates offered by the Canadian government
significantly offset the initial costs, making it
more affordable to set up an EV charging
footprint and attract new residents—
transforming the charging infrastructure into a
stable source of recurring revenue.
There are many new solutions to put
EV infrastructure within reach for Canadian
developers and property managers looking to do
their part in making the country a safer, cleaner,
and smarter place to live. 1
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a global provider of smart communications
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48 CONDOBUSINESS | Part of the REMI Network

CATASTROPHE MODELING TOOLS
Securing Appropriate Property Coverage and Mitigating Risks
From summer hail storms in
Calgary to flooding in British
Columbia to windstorms in the Eastern
provinces, the big story of 2021 was catastrophic
losses. In fact, Canada hit $2.1 billion in insured losses last year, the sixth highest in
insured losses since 1983.
BY DRU DOUGLAS
50 CONDOBUSINESS | Part of the REMI Network

FINANCE
At the same time, residential property risk
increased, including for condo buildings. As
a result, real estate owners with multi-family
high-rises in their portfolio are beginning to
layer policies just to secure their baseline
coverage needs.
Planning in 2022 is more worrying than
usual. With hard-to-secure coverage and
limited policies available, many property
owners and condo boards are stressed over
the possibility of frequent and significant
claims without adequate coverage in place
for when the next catastrophe hits.
In 2022, insurance professionals will
be relying on risk management tools like
catastrophe (CAT) modeling to help owners
understand their financial risks and secure
appropriate coverage — a trend that will
actually help mitigate risk over time and even
lower the costs of coverage as well.
The Impact of Catastrophic Exposures on
the Real Estate Market
Western Canada faced an extreme heat
wave last summer that shattered all previous
records, and wildfires led to issuing 181
evacuation orders and the burning of 8,700
square kilometres of land in B.C. alone.
While these stories may seem extreme,
they are no longer rare. Climate-related
catastrophes are growing around the
world, both in frequency and severity,
and the possibility of catastrophic losses
should be taken into account during the
planning stages. Whether your condo is
near woodlands or water, it is at risk from
wildfires, flooding and even extreme heat
waves. And since the costs of CAT claims
can be so high, it’s not realistic to self-fund.
The real problem is that the trend is
continuing into 2022. The residential real
DelProperty_Condo_March_2018_torevise.pdf 1 2018-04-13 2:44 PM
estate market will be particularly affected,
with reinsurers exiting the market, drying
up capacity. As a result, there will be fewer
coverage options and higher rates for
condo buildings, particularly in areas where
catastrophes are more frequent.
Risk Management Tools to the Rescue
Globally, first-half 2021 catastrophe losses
reached $42 billion, of which $40 billion was
related to natural disasters. With scientists
expecting the climate-related disasters to
continue, it would be easy for condo boards
and operators to give up.
Instead, real estate owners and operators
are digging in to the data, working intimately
with tech tools such as catastrophe (CAT)
modeling to provide information and make
the right choices when it comes to risk
management.
C
50
M
20
18
Y
CM
MY
CY
CMY
K
www.REMInetwork.com | June 2022 51

FINANCE
“There will be fewer coverage options and
higher rates for condo buildings, particularly in areas
where catastrophes are more frequent.”
In short, CAT modelling is a computerized
process that simulates possible catastrophic
events in order to estimate the amount of
loss that stems from those events. When
done right, this kind of data analytics connects
data sets to draw important conclusions,
such as helping property owners
understand their risk, estimate suitable policy
limits and even secure appropriate coverage.
At the same time, however, traditional,
low-tech risk solutions and controls,
such as water mitigation and disaster
recovery planning, will never go away
completely. In many cases, you may be
able to secure lower rates by creating risk
mitigation plans that are unique to the
building, training your staff to implement
those plans and allowing regular on-site
inspections.
Underwriters have begun to take notice
of the trend. As a result, they are beginning
to require CAT modeling and other predictive
tech for large real estate portfolios as a means
of mitigating risk and providing coverage.
Owners may also discover that they need to
paint a clear picture of their risk management
processes and operational controls —
whether high- or low-tech — in order to
secure any coverage at all.
Best practices in the 2020s
Higher prices for less coverage seem
to be the trend — and the challenge — of
the 2020s. To counter that challenge,
it’s imperative that condo operators and
boards demonstrate best practices in risk
management. Owners who want to reduce
their exposure and increase resiliency will
need to engage both new tech and traditional
controls across their portfolio — regardless of
location, condition and catastrophe exposure.
Appropriate coverage will be difficult — but
not impossible — to find, and successful real
estate owners and operators will have to go
the extra mile to secure it. 1
Dru Douglas is an account manager for the
Ontario region for global insurance brokerage
Hub International. He specializes in insurance
and risk solutions for the office, retail, industrial
and multifamily sectors of commercial real estate.
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52 CONDOBUSINESS | Part of the REMI Network

PM#40063056
Canada’s Most Widely Read Condominium Magazine
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PART O F THE
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VOL. 34 NO. 2 • JUNE 2019
FOR BUILDING OWNERS, ASSET AND PROPERTY MANAGERS
their premises reasonably safe for those who enter it. But what about when an individual
commits assault while at one of these meetings? Should the occupier or organizer of the
board meeting be liable for failing to ensure the safety and security of those lawfully on the
premises?
14 CONDOBUSINESS | Part of the REMI Network
PART OF THE
P A R T O F T H E
BY DAVID ELMALEH
AND GABRIELA CARACAS
PART OF THE
P A R T O F T H E
In Omotayo v. Da Costa, 2018, the defendant
occupier, Metro Toronto Condominium
Corporation 1292 (MTCC 1292), was
successful in dismissing the plaintiff’s
claim and the assailant’s crossclaim
when a member in attendance at a
condominium board meeting struck
another meeting attendee with a chair.
Justice Nishikawa found that the duty
the condominium corporation owed to
the plaintiff did not include preventing
an assault that occurred during their
condominium board meeting.
Facts of the case
The plaintiff, Jacqueline Omotayo,
was a resident and former chair of the
condominium corporation. The defendant,
Jose Da Costa, was also a resident and
former president of the condominium
corporation. An emergency board meeting
was held on Oct. 4, 2011, to discuss the
future organization of the board as Ms.
Omotayo had recently been removed
from her position as chair and Mr. Da
Canadian Publications Mail Product Sales Agreement No. 40063056
Costa advised that he no longer wished
to occupy his role as president. The
emergency meeting took place at the
defendant’s (MTCC 1292’s) premises.
At the emergency meeting, the plaintiff
and Mr. Da Costa entered into a heated
argument, which led Mr. Da Costa to
“lose it” and strike the plaintiff on the
head with a chair. Mr. Da Costa was
charged by the police and received a
conditional discharge for assault with a
weapon.
> SOCIAL MEDIA COLUMN
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The plaintiffiff commenced a civil action been infiltrated by those who game the system.
against Mr. Da Costa for his use of force
This includes those that buy fake followers and
as well as MTCC 1292 for failing to ensure
“likes” in order to create the illusion that their
her safety and failing to employ security social media profile is more popular than it is.
measures at board meetings. MTCC 1292 These fake followers are predominantly bots –
brought a motion for summary judgment accounts run by software designed to look and
act like real people.
to dismiss the plaintiff’s claim against it
which was only opposed
by Mr. Da Costa New services are also popping up that allow
given his crossclaim against MTCC 1292 authentic social media accounts to become
for contribution and indemnity.
part of the bot game. By signing up for the
CARING service, FOR the user authorizes their account
to automatically like, follow and randomly
Summary judgment motion FRAGILE FLOORS
comment on other users’ posts, and in turn
MTCC took the position that its duty they trade that fake engagement with other
under the law is confined to the physical users. Sound harmless enough? The thing
is you have no say in in the message your
condition of the premises and foreseeable MALL GERMS:
account is spreading or where it ends up.
risks, not the unforeseeable conduct TOP of FIVE HOT SPOTS
individuals in attendance. Meanwhile, Ask yourself this: What’s more important,
having 50,000 cosmetic followers, or having
Mr. Da Costa argued that MTCC 1292’s REMEDYING 500 followers FOUR who are in your target market
duty extends to having
rules of conduct that actually want to hear from you?
for meetings, policies relating toCOMMON abusive CARPET
As a consumer, it’s even simpler, as
language, threats
and intimidating PROBLEMS
deceptive tactics are easy to spot. If you’re
behavior, and a duty to hire and supervise using underhanded methods to promote
competent professionals to oversee its your business, this can be viewed as a
business (including, if appropriate, security reflection of your product or service. Your
personnel). Mr. Da Costa further argued
integrity is at stake.
that the assault was foreseeable given the This is one of the more complex topics that
quarrelsome nature of MTCC 1292’s board can’t be fully covered in this space. As always,
meetings and a prior unrelated incident I invite you to stay social and continue the
conversation on Twitter at @Chestergosocial
involving the plaintiff and
another member
where I’ll share a link to the full article.
of MTCC 1292 wherein the police was
called.
In reaching her decision, Justice
Steven Chester is the Digital Media Director of
MediaEdge Communications. With 15 years’ experience
Nishikawa looked to Coleiro v. Premier
in cross-platform communications, Steven helps
Fitness Clubs where summary judgment
companies expand their reach through social media
and other digital initiatives. To contact him directly, email
was granted in favour
of the defendant
gosocial@mediaedge.ca.
By Steven Chester
SERVING THE FACILITY CLEANING & MAINTENANCE INDUSTRY
www.REMInetwork.com | June 2018 15
Whiterose Janitorial Services’
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PART O F THE
P A R T O F T H E
PART O F THE
P A R T O F T H E
FOCUS ON
LIGHTING
Canada’s Most Widely Read Condominium Magazine
September 2019 • Vol. 34 #4
PART OF THE
P A R T O F T H E
PART OF THE
P A R T O F T H E
VOLUME 16 / NUMBER 4 /
SEPTEMBER/OCTOBER 2019
PART OF THE
P A R T O F T H E
PART OF THE
P A R T O F T H E
Where you source
your information
matters even more.
In today’s age, it is critical that high-level decision makers and influencers have
the best information at their disposal. Thousands of Canadian Real Estate Industry
Management professionals look to our industry publications as a trusted source.
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NEW AND NOTABLE
World’s Tallest Passive House
Planned for Vancouver
A 60-storey, 501-unit residential development is planned for
downtown Vancouver. According to developer Brivia Group, it will be
the world’s tallest passive house building and will set the record in
the category of low-carbon, energy efficient buildings.
“Designed to harness its own energy, deliver ultra-filtered air and
attenuate noise from outside, Curv will be the most energy-efficient
structure of its type ever built,” said Kheng Ly, president and CEO of
Brivia Group. “We hope it will quickly become a blueprint for future
towers around the world as cities push for a more sustainable future.
The idea of a super-tall passive house tower is especially fitting in a
city with such high environmental aspirations.”
Inspired by nature, the architecture of Curv takes on the curved form
of a new shoot, a symbol of regrowth and environmental hope. 1
Bike-Centric Condo Bound
for Gas Station Site
Windmill Developments is transforming an existing gas station
and garage into a mid-rise development at Kingston and Courcelette
Roads in the Upper Beaches area of Toronto’s East End.
Named for the street upon which it will rise, Courcelette will be
an eight-storey, 57-suite boutique community, with neighbourhoodfocused
retail on the ground level and a balcony for every suite. The
building will feature one bike parking space per suite, a dedicated
bike entrance and a bike repair/wash station. Residents, tenants,
and the neighbouring community will have access to a car share
program.
Courcelette will follow the One Planet Living framework, which
comprises ten principles, including measurements around active
transportation, health, and happiness. The development is also
targeting LEED Platinum certification and aiming to meet the Toronto
Green Standards, Tier 2, with a high-performance envelope and a
geo-thermal system for heating and cooling. It will also have electric
vehicle chargers and infrastructure. 1
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Common Area Refurbishment
Design • Specifications • Tendering • Contract Documents & Administration
Construction & Project Management
Furniture, Art & Accessories
Wiklém Interior Design inc.
Wiklém Design+BUILD inc.
Wiklém Atelier & Gallery
1404 Danforth Avenue, Toronto, ON M4J IM9 & 1535 Danforth Avenue, Toronto, ON M4J 5C3
416.934.9161 • info@TheWiklemGroup.com • www.TheWiklemGroup.com