Decisions To Note

Condominium – Common Expenses – Promotional Fund – Court Holds, In Oppression Action Commenced By The Owner Of A Commercial Condominium In A Retail Mall, That It Would Generally Be Expected That A Prudent And Diligent Board Of Directors For A Commercial Condominium Would Spend Money Marketing And Promoting The Condominium For The Benefit Of The Unit Holders, And That A Commercial Condominium Unit Owner Could Reasonably Expect That It Would Have To Participate In Promotion And Marketing In Accordance With Its Proportionate Ownership Interest Consistent With The Contributions Made By Other Unit Owners. See 1240233 Ontario Inc. V. York Region Condominium Corporation, OSCJ 2009.

Workplace Accident – Criminal Negligence – In A Decision That Should Be Of Interest To All Employers In The Construction Field, Transpave Inc., A Concrete Block Manufacturer, Was Fined $110,000 As A Result Of A Workplace Accident Resulting In The Death Of An Employee In The First Prosecution Of A Corporation Under The New Criminal Negligence Provisions Of The Criminal Code. This New Duty Contained In The Criminal Code (S. 217.1) Requires That "Everyone Who Undertakes, Or Has The Authority, To Direct How Another Person Does Work Or Performs A Task Is Under A Legal Duty To Take Reasonable Steps To Prevent Bodily Harm To That Person, Or Any Other Person, Arising From That Work Or Task."

Construction Liens – Payment Into Court – Court Dismisses Action Against Owner Of Lands And General Contractor Commenced By Sub-Subcontractor Where Monies Were Paid Into Court On Grounds That, Once A Lien Has Been Vacated Upon Payment Of Security Into Court, The Lien Claimant No Longer Has A Claim To The Lands And Whether The Owner Or General Contractor Have Made Payments Under The Relevant Contracts Is Irrelevant. See Ablesystems Mechanical Ltd. V. Aer Comfort Mechanical Services Ltd., OSCJ 2009.