CONDO Business - Winter 2024

Canada’s Most Widely Read Condominium Magazine
Winter 2024 • Vol. 39 #4
SMARTPHONES &
COMMON AREAS
FROM CAT TO
SMALL CLAIMS
COURT
RECORD
DISPUTES
PART OF THE
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Contents
29 9
CONDO TRENDS
36
6 Ontario By The Numbers
LEGAL
14 AGM Recordings: Are They
Records of the Corporation?
By James Davidson and Nancy
Houle
29 From CAT to Court
Navigating
Enforcement in the
Ontario Small Claims Court
By Megan A. Alexander
GOVERNANCE
20 Smartphone Addiction
in Condos
By Quintin Johnstone
HOUSING
9 Canada’s Condo Market:
2025 and Beyond
By Riz Dhanji
32 Vacant Residential Land Stirs
Surtax Rumblings
By Barbara Carss
‘DESIGN
IN EVERY ISSUE
4 Editor’s Note
38 New & Notable
25 EV Parkade Milestone in B.C.
36 5 Interior Design Trends for Fall
and Winter
By Haley Dermenjian

EDITOR’S NOTE
Knowledge sharing
Many of the same challenges that have
dogged the condo industry for the past few years, from rising
construction costs to general harassment, were top of mind during
the opening remarks at this year’s Condo Conference. One interesting
trend that emerged during a slideshow of data was that there are
currently 1,892 licensed managers aged 50 and over who are set to
retire in the next 10 to 15 years; however, there are also over 2,400
managers under age 50, with more limited licenses forthcoming
through CMRAO classes.
What became evident during some of the sessions was that
although the industry is indeed facing an array of issues, people are
striving behind the scenes to make it more efficient—and safer.
On that note, in our last magazine of the year, experts share insight to help corporations navigate
larger challenges on a community scale. There’s a look at the complexities of enforcing Condominium
Authority Tribunal decisions through the Ontario Smalls Claims Court, recent decisions about record
disputes, and what to do when residents are more intrusive about smartphone use in the common
areas.
Also, check out page 6 for more interesting condo data presented at the Condo Conference. Thank
you to our contributors this past year who have generously shared their knowledge.
Wishing you a wonderful winter season.
Rebecca Melnyk
Editor, CondoBusiness
rebeccam@mediaedge.ca
Editor
Rebecca Melnyk
Advertising Sales
Jake Blanchard, Sean Foley,
Ron Guerra, Andrea Almeida
Art Director
Annette Carlucci
Graphic Designer
Thuy Huynh-Guinane
Production Coordinator
Ines Louis
Contributing Writers
Megan A. Alexander, Barbara Carss, James
Davidson, Haley Dermenjian, Riz Dhanji, Nancy Houle
and Quintin Johnstone.
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CONDO TRENDS
Ontario by the Numbers
The 2024 Condo Conference recently took place on November 15 and 16 at the Toronto Congress Centre. During the opening
panel discussion, industry leaders presented data (see below) compiled through the Condominium Authority of Ontario, the Condominium
Management Regulatory Authority of Ontario and the Association of Condominium Managers of Ontario.
Presenters included Andrée Ball, director of client relations at Keller Engineering, and from FirstService Residential Ontario,
Regional Director Katherine Gow and Stacey Kurck, vice-president of client engagement and business development.
Here are some key condo trends facing the industry in the province.
13,040
Condos in Ontario
(2,161 are self-managed)
2,364
Large Corporations
(116 Residential Units Or More)
1,144
Medium Corporations
(76 to 115 Residential Units)
6,005
Small
Corporations
(75 Residential Units Or Fewer)
4,386
Licensed Managers
(1,750 Limited Licensees
and 2,635 General Licensees)
57%
of New Home
Enrollment Are Condos
RCMs
862 in 2024
(818 in 2023, 846 in 2022)
1,028,200
Voting Units
362
New Condos Were
Added in 2023
1.71 Million
Ontarians Live in Condo Corporations
(In 898,457 Residential Units)
45,106
Active Condo Directors
in Ontario
Voting Units/# Managers
234.42
Units Per Manager
4,783
Active Licenses
Toronto
1,865 Managers
Central Ontario
2,105 Managers
Eastern Ontario
344 Managers
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HOUSING
Canada’s Condo Market:
A look at 2025 and beyond
The Canadian condo market
remains a crucial part of the real estate
landscape, particularly in Ontario, Alberta and British
Columbia. As we enter 2025, the condo sector faces both
opportunities and unique challenges that require insight and strategic foresight.
With significant inventory on the market, changing interest rates, and delayed new developments,
the way forward is complex.
While Ontario is the hub for much of this
activity, the ripple effects in B.C. and
Alberta are already becoming apparent.
Impact of Rate Cuts and the Supply
Challenge
The rate cuts so far, combined with signals of
further reductions, offer potential upside for
both the pre-construction and resale markets,
but the current inventory surplus poses a more
significant challenge.
Lower rates help open the door for more
buyers, which is encouraging for the condo
market's significant inventory surplus. This surplus
includes both resale units and pre-construction
condos that were launched during the
real estate boom of recent years, leading to an
unprecedented supply level in today’s market.
How quickly we can work through this supply
will depend on rate-cut momentum and
the re-engagement of buyers in both the resale
and pre-construction markets. The condo sec-
tor may see a gradual recovery in the resale
segment, followed by low-rise units, with preconstruction
inventory absorption picking up
toward the end of 2025 and into 2026. This
timeline requires the right conditions—favourable
rates, economic stability, and sustained
demand from end-users and investors.
A Limited Pipeline After 2026: Potential
Price Spikes and Affordability
Issues
One of the most significant trends for the condo
market is a pause on new pre-construction project
completions beyond 2026. With inventory absorption
expected to stabilize over the next year, the
market will face a supply gap, as few new project
construction starts in 2023 to 2025 will drastically
impact the supply of completions from 2027 to
2029. This lull in new builds will likely create a
constrained market where prices will surge once
demand fully returns, creating affordability concerns
that echo across Canada’s major cities.
BY RIZ DHANJI
In Ontario, and particularly Toronto, this limited
future pipeline will impact price dynamics
dramatically. Many buyers and investors are
currently holding off due to the uncertain economic
climate, yet as soon as the existing supply
is absorbed, the demand will likely outstrip
available inventory. In markets like B.C., which
often mirror Toronto’s trends, we can expect
similar patterns. With a scarcity of downtown
inventory, suburban markets in both B.C. and
Ontario are also likely to experience heightened
demand and price appreciation, a pattern
Alberta’s urban centres may see as well, albeit
on a smaller scale.
The Future of Condo Development: A
Look Toward 2029
Beyond the immediate absorption phase, the
market's slowdown in new project launches
suggests that the Canadian condo sector is
preparing for a reset. As existing inventory is
gradually absorbed, developers will be cau-
www.REMInetwork.com | Winter 2024 9

HOUSING
tious with new launches, focusing on building
only where there is clear demand and strong
absorption. This intentional slowdown, while
necessary, also means that by 2029 we may
find ourselves in a very different market, one
where affordability is even further strained.
The lack of new supply will drive up prices
dramatically, impacting end-users and investors
alike. As affordability wanes, rental markets will
feel the pressure as well, which could lead to
an overall housing crunch, especially in highdemand
areas. Once inventory is constrained,
prices are expected to increase steadily, reinforcing
the importance of government intervention
to reduce red tape and taxes to ease the
pressure on developers.
Positioning for Success
Amidst Uncertainty
The combination of rate cuts and high
supply has set the stage for a gradual
recovery, but it is not without obstacles.
Absorbing the current inventory requires
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HOUSING
strategic adjustments from developers
and decisive action from policymakers.
For cities like Toronto, Calgary, and Vancouver,
the challenges of high prices and limited
new supply will only intensify without proactive
measures to enhance affordability, increase
supply, and balance suburban and urban
growth. With fewer new development completions
on the horizon until 2029, it is imperative
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MANAGEMENT
LEGAL
AGM Recordings – Are they
Records of the Corporation?
For many years, long before the
arrival of video conferencing,
condominium meeting minute takers had been creating audio
recordings of condominium meetings. These recordings were used by the minute
takers to prepare accurate (although typically not verbatim) minutes; and then the recordings were
destroyed. These recordings were never intended to be records of the corporations and, in our view,
were not records of the corporations.
BY JAMES DAVIDSON
AND NANCY HOULE
14 CONDOBUSINESS | Part of the REMI Network

LEGAL
2 4
This can also embarrass owners who
have speaking disabilities or who don’t
speak very well in public – again forcing them
to stay quiet.
3
This creates a permanent record of
verbal jousting that may take place
at meetings – risking hurt feelings long
into the future. Written minutes, carefully
worded, allow for these sorts of “fights”
to cool off and heal. As well, a condominium
corporation’s records are available
to both current and future owners, thus
increasing the risk.
This runs the very real and serious risk that
embarrassing or compromising photos or
video snippets might be posted on social media.
5
All of this can cause serious upset and
dissension in a condominium community.
More importantly, owners who are most interested
in sowing discontent or upset can use the
records request process to gain access to these
recordings for disruptive purposes.
6
This can also create unreasonable and
unnecessary nit-picking over the wording
of the minutes.
These same reasons apply now that video
recording is so readily available. Video
recordings (for virtual or hybrid meetings) can
similarly be created to assist the minute taker,
whereupon the recording can be destroyed
after the minute taker’s work is done.
But if such recordings are considered to be
records of the corporation, many negative and
serious consequences can result:
1
The fact of being recorded can
intimidate owners and cause them
to stay quiet at the meeting, rather than to
participate.
www.REMInetwork.com | Winter 2024 15

LEGAL
7 8
In cases where an owner asks for
a copy of the recording, it may
be appropriate to consider whether or
not any portions of the recording must
be redacted in compliance with Section
55 (4) of the Condominium Act;
and if so, there may be technical challenges
for the board to overcome in
order to achieve this required redacting.
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The overall result is that treating
such recordings as corporate
records may force most condominium corporations
not to make such recordings at
all – thereby depriving the minute takers of
a very useful tool when seeking to prepare
adequate minutes.
With these concerns in mind, we have
been hoping that the Condominium
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Authority Tribunal (CAT) might confirm
the following: meeting recordings which
are created only for use of a minutetaker,
and for no other purpose, do not
become records of the corporation, and
should be destroyed after the minutetaker
no longer has use for them. The
Tribunal may be coming closer to this
conclusion, but is not yet quite there.
Relevant Decisions
In King v. YRCC 692, July 29, 2022,
the CAT held that, although an audio
recording of an AGM might be a record
of the corporation, the owner was not
entitled to the audio recording of the
AGM because the owner did not have a
proper reason for this request. The Tribunal
said:
“An owner is not entitled to insist
that the wording of board or AGM minutes
reflect how they believe it should
be drafted. Requesting this record to
“prove” what the Applicant believes to
be the correct wording on about effectively
minor details is not a request made
by an owner having regard to the purposes
of the Act.”
Kent v. CCC 268, November 21, 2022,
describes how a special meeting of the
owners was held on the Zoom video
conferencing platform. The meeting was
recorded to assist in creating minutes
of the meeting. The CAT held that the
recording was a record of the corporation.
However, the Tribunal also held
that the owner was not entitled to the
recording because the owner’s request
was made for a purpose that was not
“solely related to that person’s interests
as an owner, a purchaser or a mortgagee
of a unit, as the case may be, having
regard to the purposes of the Act.”
This past January, in Bogue v. CCC 288,
the applicant owner asked to receive the
audio/video recording of the corporation’s
AGM, which had been held virtually, as well
as any audio/video recordings of the board’s
meetings, which had also been held virtually.
The Tribunal held that these recordings
are records of the condominium corporation
and that owners are therefore entitled to see
them. This was true even if the recordings
were created by a third-party agent hired as
a minute taker by the condominium corporation.
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LEGAL
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The Tribunal said:
“It is fair to say that virtual meetings are now
the norm and will likely continue to expand in
use and frequency. Condominium corporations
should therefore be mindful of this fact and that
recordings of virtual meetings are fast becoming
a type of record which should be managed
with care and attention for the benefit of all
owners. Condominium corporations must take
all possible steps to adequately preserve those
records and make them available to owners, on
the same footing as any other record as per the
requirements of the Act and its regulations. Of
course, the exceptions provided in the Act and
regulations, such as in subsection 55(4) of the
Act, continue to apply. In sum, technological
advances should be used in such a way so as
to make access to the records of condominium
corporations easier and more beneficial for all
concerned parties.”
In October 2024, in Bogue v. CCC 288, the
owner requested “any and all audio-visual
recordings and audio transcripts of the AGM
held on June 15, 2023”. In this case, the CAT
held that the recordings were not records of the
corporation. The Tribunal said:
“The facts before me are different from those
set out in the January 2024 decision. I do not find
that CMG’s possession of the recording makes it
a record of CCC 288. Simply because the condominium
manager asked for a copy of the recording
and received it, does not mean it becomes a record
of CCC 288; it was not created by or for the corporation
as a corollary of its documentation of the business
and management of the corporation.”
Perhaps the Tribunal is starting to see the logic
and benefit of treating such recordings (created
only for use of a minute taker) not as records of
the condo corporation because doing so can have
many negative consequences. 1
James Davidson and Nancy Houle are
partners at Davidson Houle Allen LLP
Condominium Law. dhacondolaw.ca
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Smartphone Addiction in Condos
Are personal mobile devices negatively impacting communities?
The world is in love with
smartphones, and it's not just limited to
younger generations; the elderly are equally addicted. As mobile technology
gets better at captivating our attention, some researchers believe excessive use is becoming a modern
epidemic, found across various settings, from offices and movie theaters to restaurants and common
areas within condominiums.
BY QUINTIN JOHNSTONE
A World-Wide Phenomenon
Remarkably, there are more smartphones
than human beings in the world according
to the International Telecommunication
Union (ITU), who advised in 2022 that
there were more than 8.58 billion mobile
subscriptions in use worldwide, compared to a
global population of 7.95 billion, halfway through
that year.
A report compiled by the Canadian Radiotelevision
and Telecommunications Commission
last year found that Canada is among the
world leaders in the adoption and use of the
internet and smartphones. Mobile phone users
consumed, on average, 6.07 GB of data traffic
per month in Q3 2022. That's almost three
times the amount of data consumed 4 years
prior.
Smartphones are playing a more significant
role in daily life. Research from Statistics Canada,
which encompasses data from the 2020
and 2022 Canadian Internet Use Survey, found
that nearly 45 per cent of the country’s population
checks their smartphones at least once
every 30 minutes. More than half of smartphone
users start or end their day by checking
their device.
20 CONDOBUSINESS | Part of the REMI Network

GOVERNANCE
Another survey in 2023, from Reviews.org,
found that Americans check their phones an average
of 144 times a day, with 71 per cent doing so
within ten minutes of waking up and until they go
to bed.
Scientific studies are highlighting the obsessive
use of smartphones and their impact on
our health, relationships, productivity, and risk.
There are several conditions being studied by
psychologists around the world regarding smartphone
overdependence. This is often dubbed,
‘Nomophobia’, or the fear of being without a
mobile device and shares similar characteristics
as those suffering from drug dependence and
addiction.
In light of these studies, it appears that many
people lack the self-control to avoid constantly
checking their smartphones. The use of smartphones
with loudspeakers seems to be a growing
phenomenon everywhere, even in common
areas in condominiums.
Smartphones in the Workplace
Organizations, in fear of losing employees,
often avoid tackling the prevention of personal
smartphone use while working, even with
high-risk tasks like security-related functions.
Companies are increasingly bucking this
trend banning smartphones in the workplace
because these devices are distracting and
can be a serious safety issue for workers. For
example, General Motors in the United States
has banned all employees (including the CEO)
from walking around with their mobile phones
while talking, texting, or using other smartphone
functions.
Situational awareness is not a new theme and
is becoming very popular in business training circles
across all industries in North America. Albeit
situational awareness does not just mean being
alert and paying attention; employee distraction
is a big part of efforts organizations are taking to
avoid injury, risk, and to improve client service.
Prohibitions on the use of personal smartphones
while engaged in high-risk tasks should be a key
ingredient in situational awareness training.
Having an understanding of what is and what
is not allowed at a workplace and why offers
clarity and direction for all employees. Setting
clear expectations and having a coherent policy
on prohibitions for those wishing to use smartphones
for personal use while working can have
tremendous benefits, limiting risk to workers and
organizations alike. Having such a clear policy can
assist to eliminate WSIB claims, and civil actions
caused by employee distraction. It also improves
client service tremendously. This also applies to
condominium workplaces.
Smartphones in Condominiums
When conducting comprehensive assessments
in organizations and condominium settings,
risk mitigation experts routinely analyze
and look for smartphone abuse levels, practice,
and prohibitions. It is commonly found that very
few service providers (e.g. security guard companies)
in condominium community settings
prohibit personal smartphones to be in possession
while working.
This is something that condominium boards
should consider from all service providers,
especially security companies. Being alert and
not distracted is of prime importance in ensuring
community safety. This is a critical success
factor for all security professionals everywhere,
let alone condominiums.
Situational awareness mandates and compels
employees in critical and risk mitigation
roles never to be distracted. Companies
engaged in such businesses must eliminate any
www.REMInetwork.com | Winter 2024 21

GOVERNANCE
form of distraction, including allowing personal
smartphones to be carried while on duty. A hard
stance yes, but a position that is reasonable, prudent,
and necessary given the circumstances.
Changing the culture of organizations or condominium
communities moving away from personal
smartphone dependence can be very difficult
to achieve (especially for those who have online
gaming addictions), but not impossible. Introducing
employees everywhere to a better mental
health work-life balance may, at first glance, be
tough love, but it will certainly reduce risk. It also
improves customer service by eliminating such
distractions so, for example, condominium service
teams can focus on what is important—the needs
of residents and their guests.
What About Condominium Residents?
Condominium boards would also do well to
include the use of earbuds and headphones as
a mandatory alternative to smartphone speakers
in all common areas, such as elevators,
lounges, gyms, and terraces, so as not to disturb
the quiet enjoyment of other residents.
A growing number of residents are calling for
specific rules prohibiting the use of smartphone
speakers because they are fed up with people
using them intrusively in the common areas.
Creating a building rule prohibiting the use of any
speaker noise that ‘disturbs or is likely to disturb the
quiet enjoyment of residents’ sets the tone for resident
behaviour in condominium communities, one
based on mutual respect. Most municipal by-laws
already prohibit such behaviour and so do most
condominium declarations so it’s not a far stretch
for boards to codify such a prohibition.
And for those who say, “Show me where it says
that”, strategically placed signage supporting the
quiet enjoyment of common areas is something
that is catching on world-wide. In the London underground
for example, signs educating the public to,
“Keep Your Personal Stereo Personal” have recently
appeared due to the excess use of smartphone
speakers in the transit system.
Condos, including the common areas, are people's
homes. Getting a break from the manic use
of smartphones sets the tone for the type of community
you want to live in. Does your condominium
have a smartphone use rule? Maybe it should.
By setting a clear direction, boards can make
smartphones even smarter. 1
Quintin Johnstone is CEO of Riskboss Inc.
and a former Toronto police officer. For more
information on articles like this, or to answer any
question on risk identification/mitigation, visit
www.riskboss.com.
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22 CONDOBUSINESS | Part of the REMI Network

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24 CONDOBUSINESS | Part of the REMI Network

DESIGN
B.C. Condo Launches
World’s Largest EV Parkade
Developer Concord Pacific unveiled the world’s
largest residential EV-parking facility at its four-tower
Hillside project in the Concord Brentwood community in Burnaby, B.C. The
parkade is capable of quick charging nearly 2,000 vehicles at once.
Set underground, all 1,974 parking
spaces have 24/7 access to EV
charging, powered by an electrical
infrastructure system that has the
capacity to supply all power access
points at the same time, if needed.
“This milestone is in keeping with
our longstanding commitment to sustainable
future communities,” says
President and CEO, Terry Hui. “We
have a portfolio of wind, solar, and
hydro projects that has grown significantly
over the past 15 years and has
now expanded to five Canadian provinces.
Creating infrastructure like this
helps close the loop on sustainable
transportation options.”
The parking spaces are distributed
in two separate zones, each with two
entrance and exit points for efficient
vehicle access and egress to and from
the parkade. Each plug-in at Hillside
West and East is individually monitored
and residences are only billed for the
charging power they consume.
Grace Quan, a resident and president
of the Hillside East Strata Council,
said the feature was central in her
decision to buy at Concord Brentwood.
“As someone who works in the green
energy field, I felt Concord Pacific’s
decision to make our parkade 100 per
cent accessible to EV charging was a
bold move that proves it can be done.
Knowing this development supports
TOP: Grace Quan, president of the Hillside East Strata Council. BOTTOM At the lunch, Burnaby Mayor Mike Hurley
joins Concord Pacific’s Senior Vice President of Development Peter Webb, Architect Walter Francl and board.
members. Photos courtesy of Concord Pacific.
www.REMInetwork.com | Winter 2024 25

DESIGN
EV owners, I had no hesitation in
buying here as the value of the
EV charging will carry well into
the future.”
The Hillside development is
also less than half-a-kilometre to
the Brentwood SkyTrain station
and future phases of the community
will complete a bicycle network
that will connect Burnaby
and Vancouver.
“This new EV parkade aligns
with what we’re aiming for in
Burnaby,” Burnaby Mayor Mike
Hurley said last week. “Achieving
carbon neutrality is a community-wide
effort that includes
residents and businesses in
Burnaby, and it’s great to see
Concord moving forward with
this development. Making it
easier for folks to drive electric
vehicles, ride their bike or take
transit will help us cut down on
carbon emissions and achieve
our climate goals faster.” 1
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From CAT to Court
Navigating enforcement in the Ontario Small Claims Court
BY MEGAN A. ALEXANDER
28 CONDOBUSINESS | Part of the REMI Network

LEGAL
The Condominium Authority Tribunal
(CAT) handles disputes related to condo
governance, but once a decision is made,
enforcement can be challenging.
Many believe that once litigation has concluded
by way of a decision in the CAT, the
creditor (the successful party from the action)
will automatically receive payment from the
debtor (the party who has been ordered to
pay the successful party), at the conclusion
of the proceedings. However, securing a
decision or order is often just the beginning.
For condo corporations, many CAT orders
can be enforced through a lien. Condo corporations
should remember that strict timelines
apply to be able to effectively register a lien.
For CAT orders that cannot be enforced by a
lien, the condo corporation will need to pursue
enforcement through either the Small Claims
Court, which has jurisdiction to deal with the
enforcement of decisions or orders under
$35,000.00 (CAD), or through the Superior
Court of Ontario, which has jurisdiction to deal
with enforcement for larger monetary amounts
and enforcement relating to behaviour.
order requires the debtor to have either cash,
seizable assets, or a third-party debt (e.g. bank
account or wages) that can be garnished. You
will need to know the specifics of any or all of
the above for the purposes of enforcement,
along with contact information for the service
of enforcement documents on the debtor, pursuant
to the rules of the Small Claims Court.
If the debtor is currently unable to make
immediate payment(s), you might consider
postponing enforcement, especially if there is
a chance the debtor’s financial situation could
improve, such as by gaining employment. Be
cautious about delaying too long though, as it
could complicate the recovery process, particularly
if you lose contact with the debtor.
Filing the Decision or Order within the
Ontario Small Claims Court
Decisions or orders from the CAT can be
filed and enforced in the Ontario Small
Claims Court (if under $35,000 CAD), pursuant
to s. 19 of the Statutory Powers
Procedures Act, R.S.O., 1990.
To begin enforcement, you must file
a certified copy of the decision or order
with the Small Claims Court. You should
file the decision or order in the geographic
jurisdiction where the debtor resides or
carries on business, if this is where you
plan to enforce by way of garnishment or
writ of seizure of sale.
Enforcement Methods Via the Small
Claims Court:
There are two primary methods for enforcing
in the Small Claims Court: garnishment
and writ of seizure and sale.
1
Garnishment
Garnishment involves collecting
money owed to the debtor by a third party
How Soon Can You Enforce a Decision
or Order?
A creditor can usually commence enforcement
immediately, but it is often best practice
to wait thirty (30) days in case the decision
is appealed by the debtor.
Consider a Formal Demand Letter First
When it comes to enforcement, it may not
be necessary to immediately pursue remedies
from within the court system. In many
circumstances starting with a formal demand
letter is recommended.
This letter can be prepared by you, the
creditor, or your legal representative in order
to formally request payment from the debtor.
In this letter you can provide an option for
a payment plan that may benefit both you,
the creditor (money-in-hand), and the debtor
(resolving the outstanding debt in a sustainable
way).
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www.REMInetwork.com | Winter 2024 29

LEGAL
(known as a garnishee). The two common
types are:
Wage Garnishment: Requires advising
the debtor’s employer to deduct payments
directly from their wages.
Bank Garnishment: Involves directing
the bank to send funds from the debtor’s
account to the sheriff or enforcement office
at the Court.
Note that wage garnishments have limits
and some funds, such as employment insurance
(EI), Ontario Works (social assistance),
Canada Pension Plan and/or Old Age Security
(OAS), are exempt.
2
Writ of Seizure and Sale
A writ of seizure and sale allows for
the seizure and sale of the debtor’s property
to satisfy the judgment or order. There
are two types available in the Ontario Small
Claims Court.
Personal Property: This writ enables the
seizure and sale of personal property. Once
filed, the writ is valid for six years and may
be renewed through additional filing requirements,
pursuant to the rules of the Small
Claims Court.
Land: This writ can encumber the debtor’s
land, complicating any potential
sale or mortgage renewal. Similar to the
above, this writ is valid for six years after
filing and may be renewed through additional
filing requirements, pursuant to the
rules of the Small Claims Court.
What if I lack the details required to
be successful in a garnishment or a
writ of seizure and sale?
You can request an examination hearing
(sometimes referred to as a judgment-debtor
examination) from the Small
Claims Court if you, the creditor, wish to
obtain the necessary information from
the debtor as to proceed with enforcement
via garnishment and/or writ of seizure
and sale. At the hearing, the debtor
should come prepared to answer questions
about their employment, any property
the debtor owns (motor vehicles,
recreational vehicles, etc.) and specifics
about their personal banking information.
These hearings are usually scheduled
for at least two hours and are not open
to the public. At an examination hearing,
the deputy judge has the ability to make
specific orders, such as an order for a
payment plan.
Effective enforcement of CAT decisions
through the Small Claims Court can be complex
but with the right approach—whether
through garnishment, a writ or a payment
plan—it is possible to collect what you are
owed, if the monetary amount is under
$35,000.00. If the enforcement is for behaviour
or an amount over $35,000.00, you will
need to proceed through the Superior Court
of Ontario. If you are interested in pursuing
enforcement, seek legal advice from an
experienced legal representative, such as
a lawyer or licensed paralegal, to navigate
these steps efficiently. 1
Megan A. Alexander is a licensed paralegal
who works within the Commercial Litigation
and Multi-Residential Housing Groups
at Cohen Highley LLP in London, Kitchener,
Stratford, Strathroy and Windsor. Ms. Alexander’s
main areas of practice is within
the Ontario Small Claims Court (including
enforcement) and the Condominium Authority
Tribunal (CAT).
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30 CONDOBUSINESS | Part of the REMI Network
2022-07-28 4:08 PM

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Vacant Residential Land
Stirs Surtax Rumblings
Canadian government launches public consultation, following on a 2024 federal budget promise
The Canadian government is
exploring options for a surtax on
BY BARBARA CARSS
vacant residential land through a newly launched public consultation.
Development industry stakeholders, provincial/territorial and municipal governments and the
general public are invited to comment on the rationale for and potential design of a levy that could
be applied on idle lands that have been zoned for residential or mixed-use development.
32 CONDOBUSINESS | Part of the REMI Network

HOUSING
Plans for the consultation were initially
announced in the 2024 federal budget,
released on April 16, as part of a package of
proposed initiatives aimed at stimulating new
housing production. In doing so, the budget
document impugns landholders’ business
motives and suggests they are falling short of
the government’s example and expectations.
“There is a concern that some landowners
in Canada may be sitting on developable
land, hoping to profit from rising land
values when the land could instead be
used for immediate residential development,”
it states. “The government is taking
significant action to resolve Canada’s
housing crisis, and the federal government
believes owners of vacant land in Canada
must also do their part to unlock unused
land for homes.”
Development industry advocates counter
that the government is voicing an
unrealistic interpretation of how market
economies function.
“People are sitting on land that they
can’t build on because the costs are
too high relative to what the market can
bear,” says Richard Lyall, president of
the Residential Construction Council of
Ontario (RESCON). “I’ve had people ask
me why developers can’t just reduce
their profits so they can build more housing,
and my response is: There are no
profits now. Developers are not going
to build something and lose money on
it intentionally. That’s how you go out of
business.”
The government sets out its premise
and some guiding parameters in a brief
consultation paper. It proposes that provincial/territorial
and municipal governments
would be the levying agents with
federal funding to support implementation
costs. Jurisdictions that indicate
interest would be engaged in subsequent
consultations.
The surtax is presented as a means
to: encourage housing development; discourage
“speculative holding” of lands
that have been zoned for housing; and
generate revenue that “various orders
of government” could reinvest in housing.
Vacant residential or mixed-use lands
would have to be free from contamination,
accommodate suitably sized lots for
development and have access to municipal
water, sewerage, roads and electricity
grids to be subject to the surtax.
www.REMInetwork.com | Winter 2024 33

HOUSING
Respondents to the consultation are
asked to offer reasons why they believe
lands zoned for residential development
remain vacant and/or to outline any potential
negative or unintended consequences
that could arise from a new surtax. The
consultation paper also seeks input on:
• how to define vacant and/or serviceable
land;
• circumstances that would trigger
exemptions or lifting of the surtax; and
• the appropriate tax rate.
It’s acknowledged that special rules may
be required for certain circumstances
and/or certain markets, and that differing
tax rates may be needed from region to
region.
“Canada is a vast country with differing
local needs and land availability,” the consultation
paper states. “The federal government
recognizes that each jurisdiction
in Canada is unique and a one-size-fits-all
approach to the taxation of vacant lands in
Canada would not be appropriate.”
Levying complexities and assessment
appeals foreseen
The federal government has constitutional
authority to devise and impose tax, but,
in practice, it would be cumbersome to
levy this one without the cooperation of
provincial/territorial and municipal governments
that control land registration, property
assessment and land use planning.
Canada Revenue Agency (CRA) already
calculates the federal underused housing
tax based on 1 per cent of a subject
property’s current assessed value as
determined by the applicable assessment
authority, but many more permutations
would come into play related to what’s
classified as vacant land and/or how the
residential portion of vacant mixed-use
sites might be determined.
“There are provincial Assessment Acts
and/or municipal taxing statutes for the
whole country that cover off the treatment
of vacant land, and these rules are
different in each province. So there would
be a whole lot of complexities in terms
of actually working this through,” advises
Almos Tassonyi, senior associate with the
Institute of Municipal Finance and Governance
at the University of Toronto. “In
Ontario, for example, there are vacant
land provisions; there are provisions for
farmland pending development; there are
34 CONDOBUSINESS | Part of the REMI Network

HOUSING
optional classes; and there’s also a portion
of commercial/industrial properties
that gets treated as excess land. In British
Columbia, there are separate tax class
rates; you’ve got to look to the specifics of
the Assessment Act as to what is covered
in the class.”
A new surtax could be expected to
trigger an uptick in assessment appeals
if it is to be applied on the property’s
existing assessed value (as is the case
with the underused housing tax). Across
Canada, the interval between reassessment
exercises typically varies from
one to three years depending on the
province. However, Ontario has notably
fallen far behind schedule, with 2016
market values still in place thus far this
decade.
“Most assessing authorities in Canada
assess property to the market value
standard, and there is an argument to
be made that a tax like this would be an
impairment on the value of development
land,” notes Giselle Kakamousias, vice
president, property tax, with the Atlantic
Canada based real estate advisory firm,
Turner Drake & Partners. “As well, challenges
would undoubtedly be launched
based on tax classification, particularly
in jurisdictions where vacant lands are
taxed at other than residential rates.”
There is also a risk that such a tax
would ultimately flow through to consumers.
Kakamousias and Lyall lump it with a
range of other upfront costs that developers
factor into their business calculations
and prices. Nor is there much available
evidence that other similar punitive instruments
have been effective.
“I’d be interested to see a cost-benefit
analysis on the underused housing tax.
Has it accomplished what it was intended
to do?” Kakamousias muses.
“Why is the government’s answer, typically
to just about anything, to raise a
tax? What we need are incentives to help
make the numbers work and get people
to go ahead and build on some of these
sites,” Lyall asserts. “We tax new housing
like we tax alcohol and cigarettes. It’s
like a sin tax, and sin taxes are designed
to reduce consumption.”
The public consultation will be open for
submissions until December 31, 2024. 1
Barbara Carss is editor-in-chief of
Canadian Property Management
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www.REMInetwork.com | Winter 2024 35

DESIGN
5 Interior Design Trends for Fall and Winter
By Haley Dermenjian
As the days grow shorter and temperatures
drop, those aspiring for a seasonal change
in home design are shifting toward creating
spaces that are rich in warmth and character.
This year, we’re seeing bolder tones and
natural materials to craft environments that feel
both inviting and personal.
This shift reflects a desire for spaces that
are comforting yet refined, blending timeless
elements with modern flair. Below are five
trends that are shaping interiors this fall and
winter, offering a fresh perspective on how we
can transform our homes and projects for the
season.
1
. Rooms Wrapped in Colour Bold
colours are stepping into the spotlight this
season with a trend called colour drenching.
Entire rooms are enveloped in a single, rich
hue, with deep burgundies and forest greens
being popular choices. Colour drenching
moves away from minimalist palettes, encouraging
creativity and personalization, bringing
colour back into homes. Saturating a space
with one colour creates an environment that
feels cohesive, vibrant and timeless – making
it an ideal choice for the cozy months ahead.
2
. Chocolate Tones Earthy shades are
having a moment both in fashion and
interior design, with rich chocolate tones and
warm browns taking centre stage. These
versatile colours can be seen in everything
from plush fabrics to natural stone, adding
depth and richness to any room. Chocolate
tones work as a warm neutral, blending seamlessly
with various design styles and colour
schemes. When paired with different textures,
the natural warmth of chocolate tones can
help create a layered look that feels inviting
and grounded, perfect for adding comfort and
warmth to any space.
3
. The Resurgence of Dark Wood
While light woods like white oak have
been popular in recent years, darker wood
tones are making a comeback. Woods like walnut
and mahogany are adding sophistication
and depth to interiors, offering a rich contrast
to lighter finishes. Whether used in flooring,
cabinetry or furniture, these darker tones bring
a timeless yet modern sense of elegance. By
incorporating darker woods, designers can
create a more dynamic look that enhances the
character and warmth of a space.
4
. Textile Selection Layering textiles is
another simple yet effective way to add
warmth to any space. Rich velvets, worn leather,
cozy wool and soft mohair each bring a
unique texture and feel, creating depth and
interest in a room. Whether used in upholstery,
rugs, pillows or window treatments, these
materials work together to build a welcoming
atmosphere. Thoughtfully combining different
fabrics adds dimension, turning any room into
a cozy retreat perfect for gathering with family
and friends.
5
. Mixing Metals Metal finishes are a
great way to introduce texture, reflection
and visual interest into a space. While
brass has been a popular choice recently for
its warm, vintage feel, silver and chrome are
reemerging choices. These cooler tones bring
a timeless, classic touch, offering a fresh take
on metallic accents. Mixing different metal
finishes—like brass and silver—creates depth
and adds versatility to a room. Polished surfaces
can reflect light and energize a space, while
matte or patinated finishes absorb light for a
softer, more subdued effect. By blending various
metals, you can achieve a balanced, eclectic
look that feels both modern and inviting.
These design trends offer a warm take on
how to create inviting and timeless spaces
that feel cozy, layered and personal. Whether
it's through bold colour choices, rich materials
like dark woods and chocolate tones, or the
thoughtful use of textiles and metals, each
of these elements adds their own unique
touch. But no matter the trends or the season,
designing a space should always be personal.
You don’t need massive renovations to
incorporate these trends into your home. You
can embrace them thoughtfully with small
updates—like new cushion covers, fresh wall
treatments or adding textured throws—that
make a big impact without a full overhaul. 1
Haley Dermenjian is a Toronto-based interior
designer and founder of Haley Clare Interiors.
Haley has executed projects across
North America, for the past six years individually
and in collaboration with other Toronto-based
firms. For inquiries, Haley can be
reached through haleyclaredesign@gmail.com,
705-938-8448 and IG: haleyclareinteriors.
36 CONDOBUSINESS | Part of the REMI Network

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DESIGNING DOWNSVIEW
About 40 per cent of the homes are designed to be two and threebedrooms
units. The plan is also targeting net-zero operation by
2040 to minimize carbon emissions.
The community will also incorporate a green infrastructure system
to treat rainwater as a resource, using private lands, roadways, and
open spaces to manage water during extreme rain events. Other
features include over one kilometre of off-street pedestrian and
cycling paths, complete streets and, 9.3 acres of parks and open
spaces, which exceed the municipal Planning Act requirements and
provide spaces for gathering, recreation, tree canopy and rainwater
retention.
Canada Lands Company submitted its Downsview West District Plan
application to create one of the largest transit-oriented communities in the
City of Toronto’s history.
Downsview West will transform the area adjacent to the Downsview
Park TTC/GO station and Downsview Park into diverse housing options,
including approximately 8,800 homes for about 17,000 residents. With 20
per cent of homes designated for affordable housing, this is one of the largest
commitments from a single development application ever in Toronto.
Indigenous placekeeping concepts were developed through extensive
engagement with Rightsholders and Indigenous communities and
brought to life by Indigenous landscape architecture firm, Trophic
Design.
The plan highlights the Aanikoobijiganag Miikana (Ancestors’
trail), an 800-metre pedestrian route, with Indigenous-inspired
public realm design, art installations and architecture for
storytelling and education.
Downsview West is one of four districts within Canada Lands’
Downsview Lands portfolio that aims to transform this area and
create a total of approximately 22,000 housing units.
FIRST-OF-ITS-KIND DISTRICT ENERGY PROJECT
A sustainable district energy system will soon transform the site of a
former coal-burning power generating station into a green community
at Lakeview Village.
The mixed-use neighbourhood will feature 16,000 new homes, parks,
trails, transit, recreational opportunities, event spaces, offices and
commercial spaces set on 177 acres along Mississauga’s waterfront.
The City of Mississauga, Lakeview Community Partners Limited
(LCPL), Enwave Lakeview Corporation and the Region of Peel
recently celebrated the groundbreaking of the district energy project,
said to be a first-of-its-kind in Ontario and the largest in Canada.
District energy systems use a network of pipes to heat and cool an
entire community from a centralized location. These systems allow
for a combination of generation assets that work together to improve
efficiency, consume less energy, and reduce GHG emissions.
The Region of Peel and Enwave are working to further decrease
GHG emissions from the district energy system through a proposed
plan to leverage treated wastewater, or effluent, from the nearby
G.E. Booth Water Resource Recovery Facility as the main source
of low carbon energy for the system. Once this transition happens,
Lakeview Village’s residential units, offices and commercial spaces
are expected to emit significantly fewer GHGs.
Work is also underway for a new building that will house the district
energy operations centre, which will be operated by Enwave, a
sewage pumping station, which will be operated by the Region of
Peel and an educational space to provide learning opportunities.
38 CONDOBUSINESS | Part of the REMI Network

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ARE YOU READY FOR THE
NEXT STEP? LET’S EXPLORE YOUR
GROWTH OPPORTUNITIES
Our full suite of simple, predictable, all-inclusive financing solutions is tailored to the
needs of the property management sector.
We offer financing for:
Ownership changes Acquisitions Real estate
Contact the CIBC property management industry team today
905 273-3584 or mailbox.nationalindustryprograms@cibc.com
All programs subject to bank approval and loan amounts are subject to creditworthiness.
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