Changes to the Collection Process Post Ching v. CCC 203: Recent Released Decision Directly Impacts Condo Lien Procedure & Costs

The case of Mei Ki Ching v. Carleton Condominium Corporation No. 203, 2019 ONSC 4338 ("Ching") has significant implications for the condo lien procedure and costs. The court ruled that a condo lien was invalid because the condo failed to provide proper notice to the non-titled spouse, despite her registered claim to the matrimonial home. The court's decision has frontloaded the costs involved in the common expense collection process, requiring an in-depth title search at an earlier stage than previously required under the Condominium Act, 1998.