Condominiums on near Jarvis St. And Queens Quay East are photographed on Mar 10, 2021.Fred Lum/the Globe and Mail
An attempt by the Ontario condominium regulator to send emails to every condo owner in the province has raised privacy and ethical concerns with professional property managers and condo law experts.
Every year condominium corporations in Ontario must file an annual return to the Condominium Authority of Ontario. Starting this year, the CAO added a new section to this mandatory filing that asks how each of the more than 12,000 condos keeps track of the email addresses of registered owners. The form goes on to say the “CAO would like to engage directly with all condo owners regarding the information and services that we have developed” and asks managers to check a “Yes” or “No” box to indicate whether they’d like to be contacted by the CAO to “discuss how we might connect with your owners.”
The request for consultation related to email addresses is a red flag for condominium management companies who say they have ethical and legal duties not to share that kind of information with anyone, let alone a third-party organization such as the CAO.
“I believe what they’re trying to do is complete overreach. I don’t believe that they have the authority or the right to request contact information of individual condominium corporation owners,” said Robert Weinberg, president and CEO of Percel Inc., which manages buildings for 180 condo corporations. He questions whether companies like his even have the legal right to share those email addresses with anyone, let alone the CAO. “What they’ve done is intrusive,” Mr. Weinberg said. “I don’t know how they got approval to do it, but we’re certainly not going to allow them to violate individual people’s rights by giving them access without their permission.”
In two emailed statements, the CAO confirmed it had amended the form, but said that its aims are consistent with privacy rules. It said that in 2022 the CAO developed an email newsletter aimed at condo owners, but it has had limited uptake: “Very few of the 900,000-[plus] unit owners in Ontario receive the newsletter and other CAO communications directly from us.” The CAO’s goal, it said, was to “discuss how we might engage with owners directly without compromising privacy” in service of “alleviating a burden on condo corporations to share our information.”
“More than 3,500 condo corporations have filed their returns this year and of those, 58 per cent indicated that they are willing to collaborate with CAO on how to connect with owners,” the CAO statement said.
But that number may be misleading. Some managers say they checked ‘Yes’ to a discussion, but only so they can make clear they will say ‘No’ to a request to contact their owners.
“I couldn’t give [emails] out to a car dealer or a real estate agent,” said Dean McCabe, president of condo management company The Meritus Group. “It’s no different [for the CAO]. That’s what our counsel has told us.”
According to condo law expert Rod Escayola, Ontario’s Condominium Act sets out strict boundaries that a collaboration with the CAO cannot cross.
“It would be improper, in my view, for managers to provide any personal data, including email addresses, to the CAO,” said Mr. Escayola. “Unless and until regulation is changed to authorize such disclosure. Owners’ email information is obtained by managers for purposes set out in the Condominium Act – not to become the CAO’s marketing trampoline.”
The CAO is what’s known as an administrative authority. It is not an Ontario government body but operates parts of the province’s regulatory framework for condos on the province’s behalf. Among the duties it carries out is the management of the Condominium Appeals Tribunal where owners and corporations can resolve disputes.
As Mr. Escayola notes, one of the CAT’s early rulings dealt with the subject of emails and found the Act does not provide a right for even owners in a condo to collect the email addresses of other owners in their building.
The Condominium Management Regulatory Authority of Ontario was created at the same time as the CAO and performs an over-lapping function of licensing the property managers who run the day-to-day affairs of most condos in the province, and its code of ethics specifically prohibits managers from sharing condo owner digital data with third parties.
Canada’s federal legislation in this area – The Personal Information Protection and Electronic Documents Act – focuses heavily on consent. According to privacy law expert Scott Lamb, a partner with Clark Wilson LLP, it is possible that if the CAO gets and uses email contacts that weren’t expressly granted to them by owners it could face complaints to Canada’s Office of the Privacy Commissioner.
“The Privacy Commissioner has these tests of, ‘Are there other ways to manage this problem without collecting this information?’,” said Mr. Lamb. “There’s gonna be lawyers that are going to provide advice, and they will default to, ‘You go get consent.’ They [CAO] may be forced ultimately into sending out requests — in writing, in hard copy — confirming, ‘Do you want to receive this stuff?’”
In a second statement, the CAO offered further clarification on its position. “The questions were not directed to managers and were not asking condominium corporations for a list of owner email addresses. Our ask is for voluntary sign-up for a consultation. As always, CAO respects the data and privacy provisions of the Act.”
Mr. Escayola’s view is the entire exercise is ill-advised.
“In fairness to the CAO, the objective is a laudable one. I suspect it’s in the context of to improve how they service the industry,” he said. “But the wise move is to remove that question and probably ignore all the ‘Yesses’ they got.”
MONTREAL – Two Quebec real estate brokers are facing fines and years-long suspensions for submitting bogus offers on homes to drive up prices during the COVID-19 pandemic.
Christine Girouard has been suspended for 14 years and her business partner, Jonathan Dauphinais-Fortin, has been suspended for nine years after Quebec’s authority of real estate brokerage found they used fake bids to get buyers to raise their offers.
Girouard is a well-known broker who previously starred on a Quebec reality show that follows top real estate agents in the province.
She is facing a fine of $50,000, while Dauphinais-Fortin has been fined $10,000.
The two brokers were suspended in May 2023 after La Presse published an article about their practices.
One buyer ended up paying $40,000 more than his initial offer in 2022 after Girouard and Dauphinais-Fortin concocted a second bid on the house he wanted to buy.
This report by The Canadian Press was first published Sept. 11, 2024.
MONTREAL – The Quebec Professional Association of Real Estate Brokers says Montreal-area home sales rose 9.3 per cent in August compared with the same month last year, with levels slightly higher than the historical average for this time of year.
The association says home sales in the region totalled 2,991 for the month, up from 2,737 in August 2023.
The median price for all housing types was up year-over-year, led by a six per cent increase for the price of a plex at $763,000 last month.
The median price for a single-family home rose 5.2 per cent to $590,000 and the median price for a condominium rose 4.4 per cent to $407,100.
QPAREB market analysis director Charles Brant says the strength of the Montreal resale market contrasts with declines in many other Canadian cities struggling with higher levels of household debt, lower savings and diminishing purchasing power.
Active listings for August jumped 18 per cent compared with a year earlier to 17,200, while new listings rose 1.7 per cent to 4,840.
This report by The Canadian Press was first published Sept. 6, 2024.
In the quest to find cities where renters can enjoy the best of all worlds, a recent study analyzed 24 metrics across three key categories—Housing & Economy, Quality of Life, and Community. The study ranked the 100 largest cities in Canada to determine which ones offer the most to their renters.
Here are the top 10 cities that emerged as the best for renters in 2024:
St. John’s, NL
St. John’s, Newfoundland and Labrador, stand out as the top city for renters in Canada for 2024. Known for its vibrant cultural scene, stunning natural beauty, and welcoming community, St. John’s offers an exceptional quality of life. The city boasts affordable housing, a robust economy, and low unemployment rates, making it an attractive option for those seeking a balanced and enriching living experience. Its rich history, picturesque harbour, and dynamic arts scene further enhance its appeal, ensuring that renters can enjoy both comfort and excitement in this charming coastal city.
Sherbrooke, QC
Sherbrooke, Quebec, emerges as a leading city for renters in Canada for 2024, offering a blend of affordability and quality of life. Nestled in the heart of the Eastern Townships, Sherbrooke is known for its picturesque landscapes, vibrant cultural scene, and strong community spirit. The city provides affordable rental options, low living costs, and a thriving local economy, making it an ideal destination for those seeking both comfort and economic stability. With its rich history, numerous parks, and dynamic arts and education sectors, Sherbrooke presents an inviting environment for renters looking for a well-rounded lifestyle.
Québec City, QC
Québec City, the capital of Quebec, stands out as a premier destination for renters in Canada for 2024. Known for its rich history, stunning architecture, and vibrant cultural heritage, this city offers an exceptional quality of life. Renters benefit from affordable housing, excellent public services, and a robust economy. The city’s charming streets, historic sites, and diverse culinary scene provide a unique living experience. With top-notch education institutions, numerous parks, and a strong sense of community, Québec City is an ideal choice for those seeking a dynamic and fulfilling lifestyle.
Trois-Rivières, QC
Trois-Rivières, nestled between Montreal and Quebec City, emerges as a top choice for renters in Canada. This historic city, known for its picturesque riverside views and rich cultural scene, offers an appealing blend of affordability and quality of life. Renters in Trois-Rivières enjoy reasonable housing costs, a low unemployment rate, and a vibrant community atmosphere. The city’s well-preserved historic sites, bustling arts community, and excellent educational institutions make it an attractive destination for those seeking a balanced and enriching lifestyle.
Saguenay, QC
Saguenay, located in the stunning Saguenay–Lac-Saint-Jean region of Quebec, is a prime destination for renters seeking affordable living amidst breathtaking natural beauty. Known for its picturesque fjords and vibrant cultural scene, Saguenay offers residents a high quality of life with lower housing costs compared to major urban centers. The city boasts a strong sense of community, excellent recreational opportunities, and a growing economy. For those looking to combine affordability with a rich cultural and natural environment, Saguenay stands out as an ideal choice.
Granby, QC
Granby, nestled in the heart of Quebec’s Eastern Townships, offers renters a delightful blend of small-town charm and ample opportunities. Known for its beautiful parks, vibrant cultural scene, and family-friendly environment, Granby provides an exceptional quality of life. The city’s affordable housing market and strong sense of community make it an attractive option for those seeking a peaceful yet dynamic place to live. With its renowned zoo, bustling downtown, and numerous outdoor activities, Granby is a hidden gem that caters to a diverse range of lifestyles.
Fredericton, NB
Fredericton, the capital city of New Brunswick, offers renters a harmonious blend of historical charm and modern amenities. Known for its vibrant arts scene, beautiful riverfront, and welcoming community, Fredericton provides an excellent quality of life. The city boasts affordable housing options, scenic parks, and a strong educational presence with institutions like the University of New Brunswick. Its rich cultural heritage, coupled with a thriving local economy, makes Fredericton an attractive destination for those seeking a balanced and fulfilling lifestyle.
Saint John, NB
Saint John, New Brunswick’s largest city, is a coastal gem known for its stunning waterfront and rich heritage. Nestled on the Bay of Fundy, it offers renters an affordable cost of living with a unique blend of historic architecture and modern conveniences. The city’s vibrant uptown area is bustling with shops, restaurants, and cultural attractions, while its scenic parks and outdoor spaces provide ample opportunities for recreation. Saint John’s strong sense of community and economic growth make it an inviting place for those looking to enjoy both urban and natural beauty.
Saint-Hyacinthe, QC
Saint-Hyacinthe, located in the Montérégie region of Quebec, is a vibrant city known for its strong agricultural roots and innovative spirit. Often referred to as the “Agricultural Technopolis,” it is home to numerous research centers and educational institutions. Renters in Saint-Hyacinthe benefit from a high quality of life with access to excellent local amenities, including parks, cultural events, and a thriving local food scene. The city’s affordable housing and close-knit community atmosphere make it an attractive option for those seeking a balanced and enriching lifestyle.
Lévis, QC
Lévis, located on the southern shore of the St. Lawrence River across from Quebec City, offers a unique blend of historical charm and modern conveniences. Known for its picturesque views and well-preserved heritage sites, Lévis is a city where history meets contemporary living. Residents enjoy a high quality of life with excellent public services, green spaces, and cultural activities. The city’s affordable housing options and strong sense of community make it a desirable place for renters looking for both tranquility and easy access to urban amenities.
This category looked at factors such as average rent, housing costs, rental availability, and unemployment rates. Québec stood out with 10 cities ranking at the top, demonstrating strong economic stability and affordable housing options, which are critical for renters looking for cost-effective living conditions.
Québec again led the pack in this category, with five cities in the top 10. Ontario followed closely with three cities. British Columbia excelled in walkability, with four cities achieving the highest walk scores, while Caledon topped the list for its extensive green spaces. These factors contribute significantly to the overall quality of life, making these cities attractive for renters.
Victoria, BC, emerged as the leader in this category due to its rich array of restaurants, museums, and educational institutions, offering a vibrant community life. St. John’s, NL, and Vancouver, BC, also ranked highly. Québec City, QC, and Lévis, QC, scored the highest in life satisfaction, reflecting a strong sense of community and well-being. Additionally, Saskatoon, SK, and Oshawa, ON, were noted for having residents with lower stress levels.
For a comprehensive view of the rankings and detailed interactive visuals, you can visit the full study by Point2Homes.
While no city can provide a perfect living experience for every renter, the cities highlighted in this study come remarkably close by excelling in key areas such as housing affordability, quality of life, and community engagement. These findings offer valuable insights for renters seeking the best places to live in Canada in 2024.
