Development Law Panel

1. Harry Herskowitz
TOPIC:  (i)  Three New Mandatory Deliveries Required by All Condominium Declarants; and (ii)  Summary of  the Key Recommendations of the Auditor General’s Report on the Condominium Industry;

2. Tammy Evans
TOPIC:  The Decision in the case of Richie v. Castlepoint Greybrook Sterling Inc (2020) ONSC 3840  [involving the exculpatory clause in the agreement of purchase and sale which precluded the unit purchaser from seeking damages against the declarant/vendor for the latter’s termination of the condominium project  (based on the declarant/vendor’s failure to waive the early termination condition dealing with the declarant/vendor’s procurement of satisfactory financing)].

3. Michael Volpatti
TOPIC:  The Decision in the case of FSC (Annex) Limited Partnership v. Adi 64 Prince Arthur LP (2020) 152 OR (3rd) 568  [involving a real estate joint venture between two experienced partners to develop a mid-rise residential condominium on 64 Prince Arthur Avenue, Toronto, and the exercise of a shot-gun buy/sell provision in the partnership agreement enabling one partner to ultimately acquire the interests of the other partner, and the failure to close on the purchase transaction emanating therefrom, due to the COVID-19 pandemic and the purchasing partner’s inability to get sufficient financing to fund the shot-gun price on the scheduled closing date. The Court held that the restrictions on financial liquidity and the purchaser’s inability to procure sufficient financing during the COVID pandemic and the consequent failure to complete the transaction as scheduled, did not amount to frustration of the contract, and the Court therefore granted specific performance of the buy/sell provisions].

4. Stephen Karr 
TOPIC:  The Decision in the case of Amlani v. YCC 473 (2020) ONSC 5090 [involving the condominium corporation’s inability to lien the dwelling unit of a non-compliant owner for the legal costs incurred by the condominium, based on the indemnity provisions in the condominium’s declaration, thereby forcing the condominium to pursue a compliance order in all such cases. The implications for condominium builders and their legal counsel: ensure that a more comprehensive indemnity provision is included in the declaration, going forward, to assist the condominium corporations that they create].

5. Alex Foundos
TOPIC:   Limiting Distance Agreements – when and why are they utilized, and what are the issues or concerns regarding same, from the perspective of the builder/declarant.