CondoBusiness Winter 2024

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SMARTPHONES & COMMON AREAS

Canada mulls vacant land surtax and design trends for winter

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Knowledge sharing

Many of the same challenges that have dogged the condo industry for the past few years, from rising construction costs to general harassment, were top of mind during the opening remarks at this year’s Condo Conference. One interesting trend that emerged during a slideshow of data was that there are currently 1,892 licensed managers aged 50 and over who are set to retire in the next 10 to 15 years; however, there are also over 2,400 managers under age 50, with more limited licenses forthcoming through CMRAO classes.

What became evident during some of the sessions was that although the industry is indeed facing an array of issues, people are striving behind the scenes to make it more efficient—and safer.

On that note, in our last magazine of the year, experts share insight to help corporations navigate larger challenges on a community scale. There’s a look at the complexities of enforcing Condominium Authority Tribunal decisions through the Ontario Smalls Claims Court, recent decisions about record disputes, and what to do when residents are more intrusive about smartphone use in the common areas.

Also, check out page 6 for more interesting condo data presented at the Condo Conference. Thank you to our contributors this past year who have generously shared their knowledge.

Wishing you a wonderful winter season.

Editor Rebecca Melnyk

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Megan A. Alexander, Barbara Carss, James Davidson, Haley Dermenjian, Riz Dhanji, Nancy Houle and Quintin Johnstone.

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Ontario by the Numbers

The 2024 Condo Conference recently took place on November 15 and 16 at the Toronto Congress Centre. During the opening panel discussion, industry leaders presented data (see below) compiled through the Condominium Authority of Ontario, the Condominium Management Regulatory Authority of Ontario and the Association of Condominium Managers of Ontario.

Presenters included Andrée Ball, director of client relations at Keller Engineering, and from FirstService Residential Ontario, Regional Director Katherine Gow and Stacey Kurck, vice-president of client engagement and business development.

Here are some key condo trends facing the industry in the province.

13,040 Condos in Ontario (2,161 are self-managed)

2,364 Large Corporations (116 Residential Units Or More)

1,144 Medium Corporations (76 to 115 Residential Units)

6,005 Small Corporations (75 Residential Units Or Fewer)

4,386 Licensed Managers (1,750 Limited Licensees and 2,635 General Licensees)

57% of New Home Enrollment Are Condos

1,028,200 Voting Units

362

New Condos Were Added in 2023

1.71 Million Ontarians Live in Condo Corporations (In 898,457 Residential Units)

45,106 Active Condo Directors in Ontario

234.42 Units Per Manager Voting Units/# Managers

RCMs

862 in 2024 (818 in 2023, 846 in 2022)

4,783 Active Licenses Toronto 1,865 Managers Eastern Ontario 344 Managers Central Ontario

2,105 Managers

Canada’s Condo Market: A look at 2025 and beyond

The Canadian condo market remains a crucial part of the real estate landscape, particularly in Ontario, Alberta and British Columbia. As we enter 2025, the condo sector faces both opportunities and unique challenges that require insight and

strategic foresight. With significant inventory on the market, changing interest rates, and delayed new developments, the way forward is complex.

While Ontario is the hub for much of this activity, the ripple effects in B.C. and Alberta are already becoming apparent.

Impact of Rate Cuts and the Supply Challenge

The rate cuts so far, combined with signals of further reductions, offer potential upside for both the pre-construction and resale markets, but the current inventory surplus poses a more significant challenge.

Lower rates help open the door for more buyers, which is encouraging for the condo market's significant inventory surplus. This surplus includes both resale units and pre-construction condos that were launched during the real estate boom of recent years, leading to an unprecedented supply level in today’s market.

How quickly we can work through this supply will depend on rate-cut momentum and the re-engagement of buyers in both the resale and pre-construction markets. The condo sec-

tor may see a gradual recovery in the resale segment, followed by low-rise units, with preconstruction inventory absorption picking up toward the end of 2025 and into 2026. This timeline requires the right conditions—favourable rates, economic stability, and sustained demand from end-users and investors.

A Limited Pipeline After 2026: Potential Price Spikes and Affordability Issues

One of the most significant trends for the condo market is a pause on new pre-construction project completions beyond 2026. With inventory absorption expected to stabilize over the next year, the market will face a supply gap, as few new project construction starts in 2023 to 2025 will drastically impact the supply of completions from 2027 to 2029. This lull in new builds will likely create a constrained market where prices will surge once demand fully returns, creating affordability concerns that echo across Canada’s major cities.

In Ontario, and particularly Toronto, this limited future pipeline will impact price dynamics dramatically. Many buyers and investors are currently holding off due to the uncertain economic climate, yet as soon as the existing supply is absorbed, the demand will likely outstrip available inventory. In markets like B.C., which often mirror Toronto’s trends, we can expect similar patterns. With a scarcity of downtown inventory, suburban markets in both B.C. and Ontario are also likely to experience heightened demand and price appreciation, a pattern Alberta’s urban centres may see as well, albeit on a smaller scale.

The Future of Condo Development: A Look Toward 2029

Beyond the immediate absorption phase, the market's slowdown in new project launches suggests that the Canadian condo sector is preparing for a reset. As existing inventory is gradually absorbed, developers will be cau -

tious with new launches, focusing on building only where there is clear demand and strong absorption. This intentional slowdown, while necessary, also means that by 2029 we may find ourselves in a very different market, one where affordability is even further strained.

The lack of new supply will drive up prices dramatically, impacting end-users and investors alike. As affordability wanes, rental markets will feel the pressure as well, which could lead to an overall housing crunch, especially in highdemand areas. Once inventory is constrained, prices are expected to increase steadily, reinforcing the importance of government intervention to reduce red tape and taxes to ease the pressure on developers.

Positioning for Success Amidst Uncertainty

The combination of rate cuts and high supply has set the stage for a gradual recovery, but it is not without obstacles. Absorbing the current inventory requires

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strategic adjustments from developers and decisive action from policymakers.

For cities like Toronto, Calgary, and Vancouver, the challenges of high prices and limited new supply will only intensify without proactive measures to enhance affordability, increase supply, and balance suburban and urban growth. With fewer new development completions on the horizon until 2029, it is imperative that stakeholders collaborate to address the impending supply gap and affordability issues that will define Canada’s real estate landscape for years to come.

Through foresight and action, we can position Canada’s condo market for resilience. But it will take a coordinated effort among developers, government, and industry leaders to ensure that the market remains both viable and accessible for buyers. 1

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AGM Recordings – Are they Records of the Corporation?

For many years, long before the arrival of video conferencing, condominium meeting minute takers had been creating audio recordings of condominium meetings. These recordings were used by the minute takers to prepare accurate (although typically not verbatim) minutes; and then the recordings were destroyed. These recordings were never intended to be records of the corporations and, in our view, were not records of the corporations.

These same reasons apply now that video recording is so readily available. Video recordings (for virtual or hybrid meetings) can similarly be created to assist the minute taker, whereupon the recording can be destroyed after the minute taker’s work is done.

But if such recordings are considered to be records of the corporation, many negative and serious consequences can result:

The fact of being recorded can intimidate owners and cause them to stay quiet at the meeting, rather than to participate.

This can also embarrass owners who have speaking disabilities or who don’t speak very well in public – again forcing them to stay quiet.

This creates a permanent record of verbal jousting that may take place at meetings – risking hurt feelings long into the future. Written minutes, carefully worded, allow for these sorts of “fights” to cool off and heal. As well, a condominium corporation’s records are available to both current and future owners, thus increasing the risk.

1 2 4 5 6 3

This runs the very real and serious risk that embarrassing or compromising photos or video snippets might be posted on social media.

All of this can cause serious upset and dissension in a condominium community. More importantly, owners who are most interested in sowing discontent or upset can use the records request process to gain access to these recordings for disruptive purposes.

This can also create unreasonable and unnecessary nit-picking over the wording of the minutes.

In cases where an owner asks for a copy of the recording, it may be appropriate to consider whether or not any portions of the recording must be redacted in compliance with Section 55 (4) of the Condominium Act; and if so, there may be technical challenges for the board to overcome in order to achieve this required redacting.

The overall result is that treating such recordings as corporate records may force most condominium corporations not to make such recordings at all – thereby depriving the minute takers of a very useful tool when seeking to prepare adequate minutes.

With these concerns in mind, we have been hoping that the Condominium

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Authority Tribunal (CAT) might confirm the following: meeting recordings which are created only for use of a minutetaker, and for no other purpose, do not become records of the corporation, and should be destroyed after the minutetaker no longer has use for them. The Tribunal may be coming closer to this conclusion, but is not yet quite there.

Relevant Decisions

In King v. YRCC 692 , July 29, 2022, the CAT held that, although an audio recording of an AGM might be a record of the corporation, the owner was not entitled to the audio recording of the AGM because the owner did not have a proper reason for this request. The Tribunal said:

“An owner is not entitled to insist that the wording of board or AGM minutes reflect how they believe it should be drafted. Requesting this record to “prove” what the Applicant believes to be the correct wording on about effectively minor details is not a request made by an owner having regard to the purposes of the Act.”

Kent v. CCC 268 , November 21, 2022, describes how a special meeting of the owners was held on the Zoom video conferencing platform. The meeting was recorded to assist in creating minutes of the meeting. The CAT held that the recording was a record of the corporation. However, the Tribunal also held that the owner was not entitled to the recording because the owner’s request was made for a purpose that was not “solely related to that person’s interests as an owner, a purchaser or a mortgagee of a unit, as the case may be, having regard to the purposes of the Act.”

This past January, in Bogue v. CCC 288, the applicant owner asked to receive the audio/video recording of the corporation’s AGM, which had been held virtually, as well as any audio/video recordings of the board’s meetings, which had also been held virtually.

The Tribunal held that these recordings are records of the condominium corporation and that owners are therefore entitled to see them. This was true even if the recordings were created by a third-party agent hired as a minute taker by the condominium corporation.

The Tribunal said:

“It is fair to say that virtual meetings are now the norm and will likely continue to expand in use and frequency. Condominium corporations should therefore be mindful of this fact and that recordings of virtual meetings are fast becoming a type of record which should be managed with care and attention for the benefit of all owners. Condominium corporations must take all possible steps to adequately preserve those records and make them available to owners, on the same footing as any other record as per the requirements of the Act and its regulations. Of course, the exceptions provided in the Act and regulations, such as in subsection 55(4) of the Act, continue to apply. In sum, technological advances should be used in such a way so as to make access to the records of condominium corporations easier and more beneficial for all concerned parties.”

In October 2024, in Bogue v. CCC 288, the owner requested “any and all audio-visual recordings and audio transcripts of the AGM held on June 15, 2023”. In this case, the CAT held that the recordings were not records of the corporation. The Tribunal said:

“The facts before me are different from those set out in the January 2024 decision. I do not find that CMG’s possession of the recording makes it a record of CCC 288. Simply because the condominium manager asked for a copy of the recording and received it, does not mean it becomes a record of CCC 288; it was not created by or for the corporation as a corollary of its documentation of the business and management of the corporation.”

Perhaps the Tribunal is starting to see the logic and benefit of treating such recordings (created only for use of a minute taker) not as records of the condo corporation because doing so can have many negative consequences. 1

James Davidson and Nancy Houle are partners at Davidson Houle Allen LLP Condominium Law. dhacondolaw.ca

Smartphone Addiction in Condos

Are personal mobile devices negatively impacting communities?

The world is in love with smartphones, and it's not just limited to younger generations; the elderly are equally addicted.

As mobile technology gets better at captivating our attention, some researchers believe excessive use is becoming a modern epidemic, found across various settings, from offices and movie theaters to restaurants and common areas within condominiums.

A World-Wide Phenomenon

Remarkably, there are more smartphones than human beings in the world according to the International Telecommunication Union (ITU), who advised in 2022 that there were more than 8.58 billion mobile subscriptions in use worldwide, compared to a global population of 7.95 billion, halfway through that year.

A report compiled by the Canadian Radiotelevision and Telecommunications Commission last year found that Canada is among the world leaders in the adoption and use of the internet and smartphones. Mobile phone users consumed, on average, 6.07 GB of data traffic per month in Q3 2022. That's almost three times the amount of data consumed 4 years prior.

Smartphones are playing a more significant role in daily life. Research from Statistics Canada, which encompasses data from the 2020 and 2022 Canadian Internet Use Survey, found that nearly 45 per cent of the country’s population checks their smartphones at least once every 30 minutes. More than half of smartphone users start or end their day by checking their device.

Another survey in 2023, from Reviews.org, found that Americans check their phones an average of 144 times a day, with 71 per cent doing so within ten minutes of waking up and until they go to bed.

Scientific studies are highlighting the obsessive use of smartphones and their impact on our health, relationships, productivity, and risk. There are several conditions being studied by psychologists around the world regarding smartphone overdependence. This is often dubbed, ‘Nomophobia’, or the fear of being without a mobile device and shares similar characteristics as those suffering from drug dependence and addiction.

In light of these studies, it appears that many people lack the self-control to avoid constantly checking their smartphones. The use of smartphones with loudspeakers seems to be a growing phenomenon everywhere, even in common areas in condominiums.

Smartphones in the Workplace

Organizations, in fear of losing employees, often avoid tackling the prevention of personal smartphone use while working, even with high-risk tasks like security-related functions. Companies are increasingly bucking this trend banning smartphones in the workplace because these devices are distracting and can be a serious safety issue for workers. For example, General Motors in the United States has banned all employees (including the CEO) from walking around with their mobile phones while talking, texting, or using other smartphone functions.

Situational awareness is not a new theme and is becoming very popular in business training circles across all industries in North America. Albeit situational awareness does not just mean being alert and paying attention; employee distraction is a big part of efforts organizations are taking to avoid injury, risk, and to improve client service. Prohibitions on the use of personal smartphones while engaged in high-risk tasks should be a key ingredient in situational awareness training.

Having an understanding of what is and what is not allowed at a workplace and why offers clarity and direction for all employees. Setting clear expectations and having a coherent policy on prohibitions for those wishing to use smartphones for personal use while working can have tremendous benefits, limiting risk to workers and organizations alike. Having such a clear policy can assist to eliminate WSIB claims, and civil actions caused by employee distraction. It also improves client service tremendously. This also applies to condominium workplaces.

Smartphones in Condominiums

When conducting comprehensive assessments in organizations and condominium settings, risk mitigation experts routinely analyze and look for smartphone abuse levels, practice, and prohibitions. It is commonly found that very few service providers (e.g. security guard companies) in condominium community settings prohibit personal smartphones to be in possession while working.

This is something that condominium boards should consider from all service providers, especially security companies. Being alert and not distracted is of prime importance in ensuring community safety. This is a critical success factor for all security professionals everywhere, let alone condominiums.

Situational awareness mandates and compels employees in critical and risk mitigation roles never to be distracted. Companies engaged in such businesses must eliminate any

form of distraction, including allowing personal smartphones to be carried while on duty. A hard stance yes, but a position that is reasonable, prudent, and necessary given the circumstances.

Changing the culture of organizations or condominium communities moving away from personal smartphone dependence can be very difficult to achieve (especially for those who have online gaming addictions), but not impossible. Introducing employees everywhere to a better mental health work-life balance may, at first glance, be tough love, but it will certainly reduce risk. It also improves customer service by eliminating such distractions so, for example, condominium service

teams can focus on what is important—the needs of residents and their guests.

What About Condominium Residents?

Condominium boards would also do well to include the use of earbuds and headphones as a mandatory alternative to smartphone speakers in all common areas, such as elevators, lounges, gyms, and terraces, so as not to disturb the quiet enjoyment of other residents.

A growing number of residents are calling for specific rules prohibiting the use of smartphone speakers because they are fed up with people using them intrusively in the common areas.

Creating a building rule prohibiting the use of any speaker noise that ‘disturbs or is likely to disturb the quiet enjoyment of residents’ sets the tone for resident behaviour in condominium communities, one based on mutual respect. Most municipal by-laws already prohibit such behaviour and so do most condominium declarations so it’s not a far stretch for boards to codify such a prohibition.

And for those who say, “Show me where it says that”, strategically placed signage supporting the quiet enjoyment of common areas is something that is catching on world-wide. In the London underground for example, signs educating the public to, “Keep Your Personal Stereo Personal” have recently appeared due to the excess use of smartphone speakers in the transit system.

Condos, including the common areas, are people's homes. Getting a break from the manic use of smartphones sets the tone for the type of community you want to live in. Does your condominium have a smartphone use rule? Maybe it should.

By setting a clear direction, boards can make smartphones even smarter. 1

Quintin Johnstone is CEO of Riskboss Inc. and a former Toronto police officer. For more information on articles like this, or to answer any question on risk identification/mitigation, visit www.riskboss.com

• Refurbishment and/or Design of:

Š Corridors

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Š Recreation centre facilities and change rooms

Š Guest suites

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Š All common area amenities

• Analyzing reserve fund study contingencies

• Project Budgeting

• Preparation of working drawings and specifications

• Preparation of tender documents

• Project/Construction Management

B.C. Condo Launches World’s Largest EV Parkade

Developer Concord Pacific unveiled the world’s largest residential EV-parking facility at its four-tower Hillside project in the Concord Brentwood community in Burnaby, B.C. The parkade is capable of quick charging nearly 2,000 vehicles at once.

Set underground, all 1,974 parking spaces have 24/7 access to EV charging, powered by an electrical infrastructure system that has the capacity to supply all power access points at the same time, if needed.

“This milestone is in keeping with our longstanding commitment to sustainable future communities,” says President and CEO, Terry Hui. “We have a portfolio of wind, solar, and hydro projects that has grown significantly over the past 15 years and has now expanded to five Canadian provinces. Creating infrastructure like this helps close the loop on sustainable transportation options.”

The parking spaces are distributed in two separate zones, each with two entrance and exit points for efficient vehicle access and egress to and from the parkade. Each plug-in at Hillside West and East is individually monitored and residences are only billed for the charging power they consume.

Grace Quan, a resident and president of the Hillside East Strata Council, said the feature was central in her decision to buy at Concord Brentwood.

“As someone who works in the green energy field, I felt Concord Pacific’s decision to make our parkade 100 per cent accessible to EV charging was a bold move that proves it can be done. Knowing this development supports

TOP: Grace Quan, president of the Hillside East Strata Council. BOTTOM At the lunch, Burnaby Mayor Mike Hurley joins Concord Pacific’s Senior Vice President of Development Peter Webb, Architect Walter Francl and board. members. Photos courtesy of Concord Pacific.

EV owners, I had no hesitation in buying here as the value of the EV charging will carry well into the future.”

The Hillside development is also less than half-a-kilometre to the Brentwood SkyTrain station and future phases of the community will complete a bicycle network that will connect Burnaby and Vancouver.

“This new EV parkade aligns with what we’re aiming for in Burnaby,” Burnaby Mayor Mike Hurley said last week. “Achieving carbon neutrality is a community-wide effort that includes residents and businesses in Burnaby, and it’s great to see Concord moving forward with this development. Making it easier for folks to drive electric vehicles, ride their bike or take transit will help us cut down on carbon emissions and achieve our climate goals faster.” 1

From CAT to Court

Navigating enforcement in the Ontario Small Claims Court

TheCondominium Authority Tribunal (CAT) handles disputes related to condo governance, but once a decision is made, enforcement can be challenging.

Many believe that once litigation has concluded by way of a decision in the CAT, the creditor (the successful party from the action) will automatically receive payment from the debtor (the party who has been ordered to pay the successful party), at the conclusion of the proceedings. However, securing a decision or order is often just the beginning.

For condo corporations, many CAT orders can be enforced through a lien. Condo corporations should remember that strict timelines apply to be able to effectively register a lien. For CAT orders that cannot be enforced by a lien, the condo corporation will need to pursue enforcement through either the Small Claims Court, which has jurisdiction to deal with the enforcement of decisions or orders under $35,000.00 (CAD), or through the Superior Court of Ontario, which has jurisdiction to deal with enforcement for larger monetary amounts and enforcement relating to behaviour.

How Soon Can You Enforce a Decision or Order?

A creditor can usually commence enforcement immediately, but it is often best practice to wait thirty (30) days in case the decision is appealed by the debtor.

Consider a Formal Demand Letter First

When it comes to enforcement, it may not be necessary to immediately pursue remedies from within the court system. In many circumstances starting with a formal demand letter is recommended.

This letter can be prepared by you, the creditor, or your legal representative in order to formally request payment from the debtor. In this letter you can provide an option for a payment plan that may benefit both you, the creditor (money-in-hand), and the debtor (resolving the outstanding debt in a sustainable way).

What Do I Need to Know Before I Start the Enforcement Process?

As a creditor, enforcing your CAT decision or

order requires the debtor to have either cash, seizable assets, or a third-party debt (e.g. bank account or wages) that can be garnished. You will need to know the specifics of any or all of the above for the purposes of enforcement, along with contact information for the service of enforcement documents on the debtor, pursuant to the rules of the Small Claims Court.

If the debtor is currently unable to make immediate payment(s), you might consider postponing enforcement, especially if there is a chance the debtor’s financial situation could improve, such as by gaining employment. Be cautious about delaying too long though, as it could complicate the recovery process, particularly if you lose contact with the debtor.

Filing the Decision or Order within the Ontario Small Claims Court

Decisions or orders from the CAT can be filed and enforced in the Ontario Small

Claims Court (if under $35,000 CAD), pursuant to s. 19 of the Statutory Powers Procedures Act, R.S.O., 1990.

To begin enforcement, you must file a certified copy of the decision or order with the Small Claims Court. You should file the decision or order in the geographic jurisdiction where the debtor resides or carries on business, if this is where you plan to enforce by way of garnishment or writ of seizure of sale.

Enforcement Methods Via the Small Claims Court:

There are two primary methods for enforcing in the Small Claims Court: garnishment and writ of seizure and sale.

Garnishment

Garnishment involves collecting money owed to the debtor by a third party

(known as a garnishee). The two common types are:

Wage Garnishment: Requires advising the debtor’s employer to deduct payments directly from their wages.

Bank Garnishment: Involves directing the bank to send funds from the debtor’s account to the sheriff or enforcement office at the Court.

Note that wage garnishments have limits and some funds, such as employment insurance (EI), Ontario Works (social assistance), Canada Pension Plan and/or Old Age Security (OAS), are exempt.

Writ of Seizure and Sale

A writ of seizure and sale allows for the seizure and sale of the debtor’s property to satisfy the judgment or order. There are two types available in the Ontario Small Claims Court.

Personal Property: This writ enables the seizure and sale of personal property. Once filed, the writ is valid for six years and may be renewed through additional filing requirements, pursuant to the rules of the Small Claims Court.

Land: This writ can encumber the debtor’s land, complicating any potential sale or mortgage renewal. Similar to the above, this writ is valid for six years after filing and may be renewed through additional filing requirements, pursuant to the rules of the Small Claims Court.

What if I lack the details required to be successful in a garnishment or a writ of seizure and sale?

You can request an examination hearing (sometimes referred to as a judgment-debtor examination) from the Small Claims Court if you, the creditor, wish to obtain the necessary information from the debtor as to proceed with enforcement via garnishment and/or writ of seizure and sale. At the hearing, the debtor should come prepared to answer questions about their employment, any property the debtor owns (motor vehicles, recreational vehicles, etc.) and specifics about their personal banking information. These hearings are usually scheduled for at least two hours and are not open to the public. At an examination hearing,

We’ve Got You Covered

At Crossbridge, we consistently strive to provide the best possible service to owners and residents alike. As the leading condominium property manager in Ontario, our experienced team focuses on your needs and offers industry-best practices that help to promote operational efficiency and long-term satisfaction. Great condominium communities don’t just happen on their own. Let our team help.

the deputy judge has the ability to make specific orders, such as an order for a payment plan.

Effective enforcement of CAT decisions through the Small Claims Court can be complex but with the right approach—whether through garnishment, a writ or a payment plan—it is possible to collect what you are owed, if the monetary amount is under $35,000.00. If the enforcement is for behaviour or an amount over $35,000.00, you will need to proceed through the Superior Court of Ontario. If you are interested in pursuing enforcement, seek legal advice from an experienced legal representative, such as a lawyer or licensed paralegal, to navigate these steps efficiently. 1

Megan A. Alexander is a licensed paralegal who works within the Commercial Litigation and Multi-Residential Housing Groups at Cohen Highley LLP in London, Kitchener, Stratford, Strathroy and Windsor. Ms. Alexander’s main areas of practice is within the Ontario Small Claims Court (including enforcement) and the Condominium Authority Tribunal (CAT).

Vacant Residential Land Stirs Surtax Rumblings

Canadian government launches public consultation, following on a 2024 federal budget promise

The Canadian government is exploring options for a surtax on vacant residential land through a newly launched public consultation. Development industry stakeholders, provincial/territorial and municipal governments and the general public are invited to comment on the rationale for and potential design of a levy that could be applied on idle lands that have been zoned for residential or mixed-use development.

Plans for the consultation were initially announced in the 2024 federal budget, released on April 16, as part of a package of proposed initiatives aimed at stimulating new housing production. In doing so, the budget document impugns landholders’ business motives and suggests they are falling short of the government’s example and expectations.

“There is a concern that some landowners in Canada may be sitting on developable land, hoping to profit from rising land values when the land could instead be used for immediate residential development,” it states. “The government is taking significant action to resolve Canada’s housing crisis, and the federal government believes owners of vacant land in Canada must also do their part to unlock unused land for homes.”

Development industry advocates counter that the government is voicing an unrealistic interpretation of how market economies function.

“People are sitting on land that they can’t build on because the costs are too high relative to what the market can bear,” says Richard Lyall, president of the Residential Construction Council of Ontario (RESCON). “I’ve had people ask me why developers can’t just reduce their profits so they can build more housing, and my response is: There are no profits now. Developers are not going to build something and lose money on it intentionally. That’s how you go out of business.”

The government sets out its premise and some guiding parameters in a brief

consultation paper. It proposes that provincial/territorial and municipal governments would be the levying agents with federal funding to support implementation costs. Jurisdictions that indicate interest would be engaged in subsequent consultations.

The surtax is presented as a means to: encourage housing development; discourage “speculative holding” of lands that have been zoned for housing; and generate revenue that “various orders of government” could reinvest in housing. Vacant residential or mixed-use lands would have to be free from contamination, accommodate suitably sized lots for development and have access to municipal water, sewerage, roads and electricity grids to be subject to the surtax.

Respondents to the consultation are asked to offer reasons why they believe lands zoned for residential development remain vacant and/or to outline any potential negative or unintended consequences that could arise from a new surtax. The consultation paper also seeks input on: how to define vacant and/or serviceable land; circumstances that would trigger exemptions or lifting of the surtax; and the appropriate tax rate.

It’s acknowledged that special rules may be required for certain circumstances and/or certain markets, and that differing tax rates may be needed from region to region.

“Canada is a vast country with differing local needs and land availability,” the consultation paper states. “The federal government recognizes that each jurisdiction in Canada is unique and a one-size-fits-all approach to the taxation of vacant lands in Canada would not be appropriate.”

Levying complexities and assessment appeals foreseen

The federal government has constitutional authority to devise and impose tax, but, in practice, it would be cumbersome to levy this one without the cooperation of provincial/territorial and municipal governments that control land registration, property assessment and land use planning. Canada Revenue Agency (CRA) already calculates the federal underused housing tax based on 1 per cent of a subject property’s current assessed value as determined by the applicable assessment authority, but many more permutations would come into play related to what’s classified as vacant land and/or how the residential portion of vacant mixed-use sites might be determined.

“There are provincial Assessment Acts and/or municipal taxing statutes for the whole country that cover off the treatment of vacant land, and these rules are different in each province. So there would be a whole lot of complexities in terms of actually working this through,” advises Almos Tassonyi, senior associate with the Institute of Municipal Finance and Governance at the University of Toronto. “In Ontario, for example, there are vacant land provisions; there are provisions for farmland pending development; there are

optional classes; and there’s also a portion of commercial/industrial properties that gets treated as excess land. In British Columbia, there are separate tax class rates; you’ve got to look to the specifics of the Assessment Act as to what is covered in the class.”

A new surtax could be expected to trigger an uptick in assessment appeals if it is to be applied on the property’s existing assessed value (as is the case with the underused housing tax). Across Canada, the interval between reassessment exercises typically varies from one to three years depending on the province. However, Ontario has notably fallen far behind schedule, with 2016 market values still in place thus far this decade.

“Most assessing authorities in Canada assess property to the market value standard, and there is an argument to be made that a tax like this would be an impairment on the value of development land,” notes Giselle Kakamousias, vice president, property tax, with the Atlantic Canada based real estate advisory firm, Turner Drake & Partners. “As well, challenges would undoubtedly be launched based on tax classification, particularly in jurisdictions where vacant lands are taxed at other than residential rates.”

There is also a risk that such a tax would ultimately flow through to consumers. Kakamousias and Lyall lump it with a range of other upfront costs that developers factor into their business calculations and prices. Nor is there much available evidence that other similar punitive instruments have been effective.

“I’d be interested to see a cost-benefit analysis on the underused housing tax. Has it accomplished what it was intended to do?” Kakamousias muses.

“Why is the government’s answer, typically to just about anything, to raise a tax? What we need are incentives to help make the numbers work and get people to go ahead and build on some of these sites,” Lyall asserts. “We tax new housing like we tax alcohol and cigarettes. It’s like a sin tax, and sin taxes are designed to reduce consumption.”

The public consultation will be open for submissions until December 31, 2024. 1

Barbara Carss is editor-in-chief of Canadian Property Management

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5 Interior Design Trends for Fall and Winter

As the days grow shorter and temperatures drop, those aspiring for a seasonal change in home design are shifting toward creating spaces that are rich in warmth and character. This year, we’re seeing bolder tones and natural materials to craft environments that feel both inviting and personal.

This shift reflects a desire for spaces that are comforting yet refined, blending timeless elements with modern flair. Below are five trends that are shaping interiors this fall and winter, offering a fresh perspective on how we can transform our homes and projects for the season.

1. Rooms Wrapped in Colour Bold colours are stepping into the spotlight this season with a trend called colour drenching. Entire rooms are enveloped in a single, rich hue, with deep burgundies and forest greens being popular choices. Colour drenching moves away from minimalist palettes, encouraging creativity and personalization, bringing colour back into homes. Saturating a space with one colour creates an environment that feels cohesive, vibrant and timeless – making it an ideal choice for the cozy months ahead.

2. Chocolate Tones Earthy shades are having a moment both in fashion and interior design, with rich chocolate tones and warm browns taking centre stage. These versatile colours can be seen in everything from plush fabrics to natural stone, adding depth and richness to any room. Chocolate tones work as a warm neutral, blending seamlessly with various design styles and colour schemes. When paired with different textures, the natural warmth of chocolate tones can help create a layered look that feels inviting and grounded, perfect for adding comfort and warmth to any space.

3. The Resurgence of Dark Wood

While light woods like white oak have been popular in recent years, darker wood

tones are making a comeback. Woods like walnut and mahogany are adding sophistication and depth to interiors, offering a rich contrast to lighter finishes. Whether used in flooring, cabinetry or furniture, these darker tones bring a timeless yet modern sense of elegance. By incorporating darker woods, designers can create a more dynamic look that enhances the character and warmth of a space.

4.

Textile Selection Layering textiles is another simple yet effective way to add warmth to any space. Rich velvets, worn leather, cozy wool and soft mohair each bring a unique texture and feel, creating depth and interest in a room. Whether used in upholstery, rugs, pillows or window treatments, these materials work together to build a welcoming atmosphere. Thoughtfully combining different fabrics adds dimension, turning any room into a cozy retreat perfect for gathering with family and friends.

5. Mixing Metals Metal finishes are a great way to introduce texture, reflection and visual interest into a space. While brass has been a popular choice recently for its warm, vintage feel, silver and chrome are reemerging choices. These cooler tones bring a timeless, classic touch, offering a fresh take on metallic accents. Mixing different metal

finishes—like brass and silver—creates depth and adds versatility to a room. Polished surfaces can reflect light and energize a space, while matte or patinated finishes absorb light for a softer, more subdued effect. By blending various metals, you can achieve a balanced, eclectic look that feels both modern and inviting.

These design trends offer a warm take on how to create inviting and timeless spaces that feel cozy, layered and personal. Whether it's through bold colour choices, rich materials like dark woods and chocolate tones, or the thoughtful use of textiles and metals, each of these elements adds their own unique touch. But no matter the trends or the season, designing a space should always be personal. You don’t need massive renovations to incorporate these trends into your home. You can embrace them thoughtfully with small updates—like new cushion covers, fresh wall treatments or adding textured throws—that make a big impact without a full overhaul. 1

Haley Dermenjian is a Toronto-based interior designer and founder of Haley Clare Interiors. Haley has executed projects across North America, for the past six years individually and in collaboration with other Toronto-based firms. For inquiries, Haley can be reached through haleyclaredesign@gmail.com, 705-938-8448 and IG: haleyclareinteriors.

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The BOD Program is online, self-paced and includes a robust, ongoing continuing education component. For more information, please visit BODProgram.com

In tandem with the commercial real estate industry and over 450 recognized subject matter experts, we are proud to offer the BOD Program and its 22 certificates to all Building Operations professionals.

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If you and your staff are interested in registering for the BOD Program, please contact Chuck Nervick at chuckn@mediedge.ca or 416-803-4653.

DESIGNING DOWNSVIEW

Canada Lands Company submitted its Downsview West District Plan application to create one of the largest transit-oriented communities in the City of Toronto’s history.

Downsview West will transform the area adjacent to the Downsview Park TTC/GO station and Downsview Park into diverse housing options, including approximately 8,800 homes for about 17,000 residents. With 20 per cent of homes designated for affordable housing, this is one of the largest commitments from a single development application ever in Toronto.

About 40 per cent of the homes are designed to be two and threebedrooms units. The plan is also targeting net-zero operation by 2040 to minimize carbon emissions.

The community will also incorporate a green infrastructure system to treat rainwater as a resource, using private lands, roadways, and open spaces to manage water during extreme rain events. Other features include over one kilometre of off-street pedestrian and cycling paths, complete streets and, 9.3 acres of parks and open spaces, which exceed the municipal Planning Act requirements and provide spaces for gathering, recreation, tree canopy and rainwater retention.

Indigenous placekeeping concepts were developed through extensive engagement with Rightsholders and Indigenous communities and brought to life by Indigenous landscape architecture firm, Trophic Design.

The plan highlights the Aanikoobijiganag Miikana (Ancestors’ trail), an 800-metre pedestrian route, with Indigenous-inspired public realm design, art installations and architecture for storytelling and education.

Downsview West is one of four districts within Canada Lands’ Downsview Lands portfolio that aims to transform this area and create a total of approximately 22,000 housing units.

DISTRICT ENERGY PROJECT

A sustainable district energy system will soon transform the site of a former coal-burning power generating station into a green community at Lakeview Village.

The mixed-use neighbourhood will feature 16,000 new homes, parks, trails, transit, recreational opportunities, event spaces, offices and commercial spaces set on 177 acres along Mississauga’s waterfront.

The City of Mississauga, Lakeview Community Partners Limited (LCPL), Enwave Lakeview Corporation and the Region of Peel recently celebrated the groundbreaking of the district energy project, said to be a first-of-its-kind in Ontario and the largest in Canada.

District energy systems use a network of pipes to heat and cool an entire community from a centralized location. These systems allow for a combination of generation assets that work together to improve efficiency, consume less energy, and reduce GHG emissions.

The Region of Peel and Enwave are working to further decrease GHG emissions from the district energy system through a proposed plan to leverage treated wastewater, or effluent, from the nearby G.E. Booth Water Resource Recovery Facility as the main source

of low carbon energy for the system. Once this transition happens, Lakeview Village’s residential units, offices and commercial spaces are expected to emit significantly fewer GHGs.

Work is also underway for a new building that will house the district energy operations centre, which will be operated by Enwave, a sewage pumping station, which will be operated by the Region of Peel and an educational space to provide learning opportunities.

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