Legislative Newsflash Ontario - Condo Liens Mei Ki Ching v. CCC No. 203 - Jan 2020

The Mei Ki Ching v. Carleton Condominium Corporation No. 203 court case, decided on September 10, 2019, had an impact on condo notices of lien in Ontario. The court ruled that a condominium corporation's Certificate of Lien was invalid because they failed to provide proper notice to the separated wife of the unit owner who was in arrears. The wife had registered a Designation of Matrimonial Home (DMH) on the unit's title, but the condominium did not send a Notice of Lien to her. As a result, many condominium corporations are now instructing their legal counsel to issue the Notices of Lien to units in arrears, rather than their Condominium Manager. This decision has added administrative and legal costs to the Notice of Lien stage of the collection process, as condominiums must now retrieve and review legal title before issuing the notice to ensure all entitled parties receive it. The CCI-Toronto's Legislative Committee encourages condominium corporations to consult with their management company or legal counsel to understand how the Ching case may affect their arrears collection processes.