Real Estate Update

Apartment Building Owners: Insurance Premium Increases In Store

As a result of a $13M award against an apartment building owner (covered by the insurer) in favour of a 2 year old who fell fi ve storeys 8 years ago, apartment building owners may be looking at signifi cant increases in the future for liability insurance.

Building Code: Building Code Does Not Have Retroactive Effect

The Ontario Superior Court of Justice recently overturned a repair order under the Ontario Building Code (“OBC”). The City had issued an Order against Rexlington Heights Ltd. in respect of 4 multi-storey apartment buildings which were constructed prior to the enactment of the Ontario Building Code. Certain handrails and guards in their buildings did not comply by a number of inches with the code requirements and the Property Standards Committee required compliance with the code in this regard. The Court held that these OBC requirements were not retroactive.

Greenbelt Amendments: Lands Frozen Midstream at OMB

Ontario Regulation 13/06 came into effect February 3, 2006 and clarifi ed that certain lands in the Richmond Hill area are now subject to the Greenbelt plan. These regulations effectively froze a portion of certain developments currently before the OMB.