adplus-dvertising
Connect with us

Real eState

Who Is Responsible If The Garage Door Damages My Mercedes? – Real Estate and Construction – Canada – Mondaq News Alerts

Published

 on


Canada:

Who Is Responsible If The Garage Door Damages My Mercedes?

To print this article, all you need is to be registered or login on Mondaq.com.

The garage door closes and a resident’s motor vehicle is
damaged. Who is responsible for the damage to the motor vehicle? Is
it the resident or the condominium corporation? This question
arises all too often in a condominium setting.

As a matter of law, it is important to state that a condominium
corporation’s statutory obligations of repair and/or
maintenance do not make it an insurer. The obligation of the
condominium corporation is to do what is reasonable in carrying out
its statutory duty of repair and maintenance.  There is no
standard of strict liability or absolute perfection on the part of
the condominium corporation in carrying out this statutory
duty. The same applies with respect to the fact that, as per
section 26 of the Condominium Act, 1998 (Ontario), the
condominium corporation is deemed to be the “occupier” of
the common elements of the condominium property. Once again,
the standard applied to an occupier is one of reasonableness, not
perfection.

The law does not create a presumption of negligence and
resultant liability for damage against an occupier by the mere fact
that a person is injured, or property is damaged, on its
premises.  Before liability can be established, there must
also be evidence of some act, or failure to act, on the part of the
occupier, either direct or reasonably inferred, which caused the
injury or damage complained of.

If there is no evidence of any defect with respect to the
operation of the garage door or opening mechanism that would have
in any way directed the condominium corporation to the need to
inspect and/or repair the garage door or opening mechanism, then it
is reasonable to conclude that the condominium corporation is not
liable.

In addition, there are often obligations in condominium
declarations which require unit owners to obtain insurance for
personal property, including motor vehicles. These provisions may
also include waivers of subrogation against the condominium
corporation.

In short, unless a condominium corporation had knowledge that a
garage door or opening mechanism needed maintenance or repair work
to function properly, in most cases it will be the resident that is
responsible for any damage to the motor vehicle.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

POPULAR ARTICLES ON: Real Estate and Construction from Canada

Could A Florida Condo Collapse Happen In Ontario?

Robins Appleby LLP

Following the horrific collapse of the 12-storey Champlain Towers South condominium in Surfside, Florida, people have been speculating whether such a disaster could happen in Canada.

Watch As That Trust Is Swept Away

McMillan LLP

Suppliers and subcontractors in the construction industry should be mindful of a recent unreported decision of the Ontario Superior Court of Justice.

Adblock test (Why?)

728x90x4

Source link

Continue Reading

Real eState

‘The Bidding War’ taps into Toronto’s real estate anxiety

Published

 on

 

‘The Bidding War’ is a play skewering Toronto’s real estate market via a story about a one-day bidding war over the city’s last affordable home. The cast and crew say it exposes how the housing crisis brings out “the worst in people.” (Nov. 12, 2024)

Source link

Continue Reading

Real eState

Greater Toronto home sales jump in October after Bank of Canada rate cuts: board

Published

 on

 

TORONTO – The Toronto Regional Real Estate Board says home sales in October surged as buyers continued moving off the sidelines amid lower interest rates.

The board said 6,658 homes changed hands last month in the Greater Toronto Area, up 44.4 per cent compared with 4,611 in the same month last year. Sales were up 14 per cent from September on a seasonally adjusted basis.

The average selling price was up 1.1 per cent compared with a year earlier at $1,135,215. The composite benchmark price, meant to represent the typical home, was down 3.3 per cent year-over-year.

“While we are still early in the Bank of Canada’s rate cutting cycle, it definitely does appear that an increasing number of buyers moved off the sidelines and back into the marketplace in October,” said TRREB president Jennifer Pearce in a news release.

“The positive affordability picture brought about by lower borrowing costs and relatively flat home prices prompted this improvement in market activity.”

The Bank of Canada has slashed its key interest rate four times since June, including a half-percentage point cut on Oct. 23. The rate now stands at 3.75 per cent, down from the high of five per cent that deterred many would-be buyers from the housing market.

New listings last month totalled 15,328, up 4.3 per cent from a year earlier.

In the City of Toronto, there were 2,509 sales last month, a 37.6 per cent jump from October 2023. Throughout the rest of the GTA, home sales rose 48.9 per cent to 4,149.

The sales uptick is encouraging, said Cameron Forbes, general manager and broker for Re/Max Realtron Realty Inc., who added the figures for October were stronger than he anticipated.

“I thought they’d be up for sure, but not necessarily that much,” said Forbes.

“Obviously, the 50 basis points was certainly a great move in the right direction. I just thought it would take more to get things going.”

He said it shows confidence in the market is returning faster than expected, especially among existing homeowners looking for a new property.

“The average consumer who’s employed and may have been able to get some increases in their wages over the last little bit to make up some ground with inflation, I think they’re confident, so they’re looking in the market.

“The conditions are nice because you’ve got a little more time, you’ve got more choice, you’ve got fewer other buyers to compete against.”

All property types saw more sales in October compared with a year ago throughout the GTA.

Townhouses led the surge with 56.8 per cent more sales, followed by detached homes at 46.6 per cent and semi-detached homes at 44 per cent. There were 33.4 per cent more condos that changed hands year-over-year.

“Market conditions did tighten in October, but there is still a lot of inventory and therefore choice for homebuyers,” said TRREB chief market analyst Jason Mercer.

“This choice will keep home price growth moderate over the next few months. However, as inventory is absorbed and home construction continues to lag population growth, selling price growth will accelerate, likely as we move through the spring of 2025.”

This report by The Canadian Press was first published Nov. 6, 2024.

The Canadian Press. All rights reserved.

Source link

Continue Reading

Real eState

Homelessness: Tiny home village to open next week in Halifax suburb

Published

 on

 

HALIFAX – A village of tiny homes is set to open next month in a Halifax suburb, the latest project by the provincial government to address homelessness.

Located in Lower Sackville, N.S., the tiny home community will house up to 34 people when the first 26 units open Nov. 4.

Another 35 people are scheduled to move in when construction on another 29 units should be complete in December, under a partnership between the province, the Halifax Regional Municipality, United Way Halifax, The Shaw Group and Dexter Construction.

The province invested $9.4 million to build the village and will contribute $935,000 annually for operating costs.

Residents have been chosen from a list of people experiencing homelessness maintained by the Affordable Housing Association of Nova Scotia.

They will pay rent that is tied to their income for a unit that is fully furnished with a private bathroom, shower and a kitchen equipped with a cooktop, small fridge and microwave.

The Atlantic Community Shelters Society will also provide support to residents, ranging from counselling and mental health supports to employment and educational services.

This report by The Canadian Press was first published Oct. 24, 2024.

The Canadian Press. All rights reserved.

Source link

Continue Reading

Trending