Please find below our summaries of last week’s civil decisions of the Court of Appeal for Ontario.
Topics covered included the following:
- Condo law – Responsibility for repairing exclusive use common elements in a condominium under the condominium’s declaration and the Condominium Act, 1998 (unit owners were found responsible for repairing their exclusive use chimneys).
- Rights of Way – The scope of a right of way to access a cottage beach (did not include the right to drive a boat to the beach to launch and retrieve it).
- Family Law – The limitation period for setting aside a marriage contract (there is no limitation period, since the Court determined that this involves merely seeking a declaration with no consequential relief – in a concurring opinion Brown J.A. agreed on the result but disagreed that there was no applicable limitation period).
- Administrative Law – A labour arbitrator had exclusive jurisdiction over disciplinary proceedings against graduate students who were also unionized teaching assistants in respect of the York University strike of 2018. The University had no jurisdiction to discipline the students as a result of specific legislation that ended the strike.
- Commercial Leases – A notice of breach and termination need not include a demand for compensation for the breach under ss. 19(1) of the Commercial Tenancies Act. Mere demand for remedying of the breach is sufficient to constitute a valid notice permitting termination and re-entry.