PROFILE
David has practiced in the area of condominium law for almost 20 years, including time with a boutique condominium law firm prior to joining Fogler Rubinoff LLP in 2005. David's focus is advising condominium Boards and managers in a wide variety of condominium governance issues.
As condominium corporate counsel, David advises Boards of Directors with respect to an array of matters including first year budget deficit claims, Tarion claims, shared facilities disputes, reserve fund expenditures, enforcement matters, by-laws and review of all manner of agreements. Frequently, David is asked to be the chair at owners' meetings and has acted as an independent chair appointed by the Superior Court. David also teaches portions of the Condominium Law Course for the Association of Condominium Managers of Ontario at Humber College and in-house management company sessions.
Read David's blog at Ontario Condominium Lawyer.
Publications
AUGUST 27 2020
Expanded Jurisdiction for CAT - Parking, Pets, Storage - Starting October 1, 2020
On August 26, 2020, the Ontario government announced that changes to expand the jurisdiction of the Condominium Authority Tribunal (the "CAT") will come into effect on October 1, 2020.
To date, the CAT's jurisdiction has been limited to hearing disputes relating to requests for records.
MAY 13 2020
Condominium Meetings - Bill 190 and Amendments to Condominium Act, 1998 - May 13, 2020 Update
On May 12, 2020, the provincial legislature approved (temporary) amendments to the Condominium Act, 1998 (the "Act") as part of Bill 190, the "COVID-19 Response and Reforms to Modernize Ontario Act, 2020".
Largely, these amendments to the Act mirror the earlier COVID-19 emergency order concerning condominium meetings and related issues. The emergency order, for example, provided time extensions for Annual General Meetings, allowed for 'virtual' condominium owners' meetings, permitted electronic service and implemented various other related measures.
APRIL 27 2020
Condominium Meetings - Emergency Order - April 27, 2020 Update
On the evening of Friday April 24, 2020, the Ontario government expanded the scope of its emergency orders to now address various issues relating to condominium owner and board meetings. The orders are retroactive to March 17, 2020 and will apply, unless amended further, for the duration of the emergency order.
MARCH 12 2020
Coronavirus and Condominiums - March 12, 2020 Update
Given the widespread public concern relating to coronavirus (COVID-19), which the World Health Organization has now declared to be a pandemic, we are writing to address some condominium specific issues...
OCTOBER 08 2019
Condominium News - Quick Hits
This is a quick roundup of current condominium legal issues as we head into the Autumn of 2019.
NOVEMBER 01 2018
The Condo Board Bully
Those involved in the condominium industry long enough – directors, condominium managers, contractors or consultants – will inevitably encounter a “Condo Board Bully”...
JUNE 26 2018
New Developments in Real Estate Law
Join Joel Farber, Alex Kolandjian, Kenneth Movat and David Thiel for a discussion on recent developments in real estate law and how they may affect your business. Topics to be covered include:
- An update on the OMB and planning reform changes. Bill 139 fundamentally changes the planning appeal system in Ontario. Learn about the new rules, requirements and restrictions that will affect your planning applications and the approvals process.
- An analysis of Ontario’s new standard form of residential lease. Learn about who has to use the new form, when it has to be used and some of the key concepts contained within.
- Ontario’s Construction Lien Act is on the verge of being replaced with the new Construction Act. Hear about the significant changes to lien procedures, prompt payment legislation and adjudication. The first round of changes will take effect July 1, 2018 and the second round will come into effect 15 months later on October 1, 2019. Don’t be caught off guard.
- The Condominium Act, 1998 and its regulations continue to go through a number of changes. Learn about the most significant changes to date, how condominiums and property managers are dealing with the practical effects, and what changes are anticipated going forward.
MAY 11 2018
Spring Case Law Update
Used with the permission of the Association of Condominium Managers of Ontario. (c) 2018.
MAY 10 2018
May 2018 Condominium Update (Including New Proxy Form)
The Ministry updated the mandatory proxy on May 10, 2018. This new form will need to be used going forward...
MAY 01 2018
Status Certificates Revisited: In Recent Court Ruling How Can a Condominium Corporation Disclose What it Doesn't Know?
A recent Ontario Court of Appeal decision sheds some more light on the effect of the failure to disclose certain declaration violations in a status certificate issued by a condominium corporation...
MARCH 27 2018
Condominium Legislative Changes - Electric Vehicle Charging Systems
The Ontario government has just announced legislative changes dealing with electric vehicle charging systems ("EVCS"), coming into effect on May 1, 2018...
JANUARY 19 2018
Condominium Legislative Changes -- January 2018 Update
The changes to the condominium-related legislation continue to be enacted in various stages. Our office had prepared a "Directors' Guide" to the changes which came into force on November 1, 2017.
OCTOBER 31 2017
"Bracing For Impact" - November 1, 2017 Changes - Condominium Legislation Update
Many changes to the Condominium Act, 1998 and related legislation are due to come into force tomorrow, November 1, 2017. Are you ready?
SEPTEMBER 14 2017
Survival Guide for Condo Directors – Phase 1
The Condo Law Group at Foglers (Carol Dirks, David Thiel and Khalid Karim) have prepared a handbook guide for condo directors highlighting the first phase of changes to the Condominium Act. Managers should feel free to circulate this guide to any of your Board members who may be interested.
JULY 26 2017
Condominium Legislative Changes -- Midsummer Update 2017
JUNE 16 2017
Condominium Legislation Update
On June 12, 2017, the Ontario government released various details about the condominium legislation updates...
APRIL 10 2017
Insurance Deductible By-Laws Under The New Act – Will They Be Grandfathered?
Over the course of the past week approximately, there has been much discussion and several notices circulated in the condominium industry about the desirability to enact insurance deductible by-laws in advance of July 1, 2017 when certain changes in the Condominium Act, 1998 (the "Act") and its regulations may come into effect...
FEBRUARY 15 2017
First Release Of Details Of New Regulations Under The Condominium Act
On February 13, 2017, the Ontario government (finally) released some details concerning the proposed regulations (the "Regulations") under the Condominium Act, 1998 (the "Act")...
JANUARY 19 2017
Draft Condominium Management Regulations Released
Finally, we are starting to see some of the regulations released, in draft, arising from the Protecting Condominium Owners Act, 2015. This Act enacted both the Condominium Management Services Act, 2015 (the "CMSA") as well as extensive changes to the Condominium Act, 1998...
NOVEMBER 01 2016
Condominium Commentary - Fall 2016
In this issue:
The Devil is in the Details - Top Ten Issues for the Regulations Under the Condominium Act, 1998, by David Thiel
Human Rights Legal Update -- Can the Holding of a Condominium Owners' Meeting Constitute Discrimination Under the Ontario Human Rights Code?, by Carol Dirks
Green Loans and Energy Efficiency Upgrades for Condos, by Lou Natale
The Condominium Law Group at Fogler, Rubinoff LLP is Pleased to Welcome Khalid Karim to our Team.
APRIL 01 2016
Condominium Commentary - Spring 2016
"Post No Bills" - Addressing Offensive Messages within Condominiums
OCTOBER 01 2015
Condominium Commentary - Fall 2015
The Condominium Authority Under Bill 106 - Hopes and Fears
JANUARY 13 2015
Condominium Commentary - Winter 2015
JUNE 18 2013
Condominium Commentary - Spring 2013
APRIL 01 2012
Condominium Commentary - Spring 2012
SEPTEMBER 01 2011
Condominium Commentary - Fall 2011
JUNE 01 2011
Condominium Commentary - Summer 2011
SEPTEMBER 01 2010
Condominium Commentary - Fall 2010
JUNE 01 2010
Condominium Commentary - Summer 2010
NOVEMBER 01 2009
Condominium Commentary - Fall / Winter 2009
MAY 01 2009
Condominium Commentary - Spring / Summer 2009
SEPTEMBER 01 2008
Condominium Commentary - Fall 2008
Practice Areas
Published Works
- FR Condo Commentary Ongoing Contributions
Memberships
- Professional Member of Canadian Condominium Institute and Association of Condominium Managers of Ontario
Education
- University of Toronto LLB 1998
- Harvard College A.B. 1995
