New mediation services for landlord tenant disputes

Resolving landlord and tenant conflicts in the GTA’s York Region just got easier with the launch of the York Region Housing Mediation Services (YRHMS) program. Designed to help housing providers and occupants resolve conflicts without costly litigation, participants are assisted in reaching mutually acceptable immediate solutions while also learning better ways to approach the resolution of any future conflicts.

The mediation services are free, confidential, voluntary and open to all types of housing providers—from large-scale building managers to single-unit landlords.

“Our team of highly trained volunteer mediators will guide the participants through a conversation where communication between both parties will remain respectful, safe, inclusive and productive,” says Jennifer Lam, Program Manager. “Through our process, proposed solutions are more likely to be successful and permanent.”

What is mediation?

Mediation is an opportunity for two or more parties to resolve a conflict without resorting to going to court. The litigation process is often complex, formal, expensive, time consuming and very often, unsatisfying for all parties. It teaches none of the skills needed to avoid court in the future.

YRHMS’s mediations services use not one, but two independent third parties as mediators in each case. Through a facilitated conversation they help guide the parties to get at the underlying reasons for a conflict. Building on that understanding, the parties are then assisted in discussing how it can best be resolved and how to minimize the chances of it recurring.

Parties often finish the process with a better understanding of the role they played in the conflict as well as a more complete view of the other party’s needs.

YRHMS is able to provide its mediation services for free to both sides and has been doing so since October 2016 thanks to funding from the United Way of Toronto and York Region (under the Government of Canada’s Homelessness Partnering Strategy).

“For landlords participating in our process, they are able to save money and time,” says Lam. “Going to the LTB costs $170 just to file the application. If the landlord chooses to be legally represented, the costs will increase substantially. Additional costs such as vacancy during turnover, staging the unit, advertising, doing credit checks or employing the services of a real estate agent, can all be saved by using our services.”

For tenants for whom the threat of eviction is imminent (whether they’ve received written notice or not) participating in this process will reduce their uncertainty and anxiety. Rather than taking chances in a tribunal hearing where the outcome may be uncertain, they will have an opportunity to sit down with their landlord to resolve the issues that contributed to the conflict. With help from YRHMS mediators, both the current conflict as well as future ones are much more likely to be resolved without the tenant having to move.

Find out more at: https://yrhms.ca

Ontario passes home inspection legislation

Today the Ontario government passed legislation that will bring the home inspection industry under regulation. At present, home inspectors are a rare example of professionals that have a role in real estate transactions and remain unregulated at the provincial level.

Bill 59, the Putting Consumers First Act, will introduce mandatory qualifications and licensing for home inspectors and set minimum standards for contracts, home inspection reports, disclosures and the performance of home inspections. The proposed legislation reflects a 16-member expert panel’s 35 recommendations, which both consumers and industry endorsed, the Ontario government stated in a news release.

The Putting Consumers First Act also introduces new rules for door-to-door sales and payday loans.

“The Putting Consumers First Act strengthens consumer protection at home and in the marketplace,” Minister of Government and Consumer Services Tracy MacCharles said in the release. “New regulations will ensure that people aren’t being taken advantage of through unsolicited door-to-door sales — that home buyers get regulated home inspection services — and that consumers receive fair and transparent payday loan and debt collection options.”

The Ontario Real Estate Association (OREA) welcomed the news in a release issued this afternoon.

“OREA is pleased to hear that Bill 59 passed in the Ontario legislature which will license home inspectors and regulate the home inspection industry,” Ettore Cardarelli, president of OREA, stated in the release. “Ontario REALTORS® look forward to working with the province as it moves towards the implementation of this important bill, which will help consumers receive reliable information and high professional standards on one of the biggest purchases of their lives.”

Anthem buys Chevron Gas station in Vancouver

Anthem Properties Group Ltd. has acquired the former gas station site at 1698 West Georgia Street from Chevron Canada. It is the second to last gas station in downtown Vancouver.

The 16,369 square foot site falls within the City of Vancouver’s West End Community Plan for the Georgia corridor and qualifies for rezoning to higher density.

“The Anthem team, its consultants and its financial partners are enthusiastically looking forward to creating a stunning residential project on this high profile site in conjunction with the planning department of the City of Vancouver,” said Eric Carlson, CEO of Anthem.

Anthem plans to submit a rezoning proposal to the city, in line with existing local policy and compatible with the community, and looks forward to sharing a preliminary concept with the neighbourhood in the near future.

The Anthem group own, co-own and manage 6.2 million square feet of retail, industrial, residential rental and office space across Western North America. Anthem Properties recently underwent a rebranding to better reflect its size and scope. Anthem Properties is now Anthem.

Sister companies, which Anthem acquired in 2014, have also rebranded. Land development company United Communities in Alberta and GBD Communities in Sacramento and homebuilder Premier United Communities in Sacramento are now Anthem United. Anthem Properties Group Ltd. is a real estate development, investment and management company that strives, solves and evolves to build better spaces and stronger communities.

ACEC-BC honours engineering excellence

The Association of Consulting Engineering Companies British Columbia (ACEC-BC) has announced the 28^th Annual Awards for Engineering Excellence, honouring the innovation and technical excellence of member firms.

Awards were given in the following categories: Buildings, Municipal & Civil Infrastructure, Transportation & Bridges, Energy & Industry, Natural Resource & Habitat, and Soft Engineering. ACEC-BC also recognized the outstanding contributions of two individuals.

“The Awards for Engineering Excellence winners represent the best and brightest in our industry,” said Keith Sashaw, president and CEO, ACEC-BC. “The winning projects are some of the most impressive work we have seen from B.C.’s consulting engineers, who have been showcased on this stage for nearly three decades.”

This year’s Lieutenant Governor’s Award for Engineering Excellence winner was Ausenco Engineering Canada Inc. for their base isolation seismic upgrade of Vancouver’s Lord Strathcona Elementary School.

This Class A Heritage (1897-vintage) three storey load-bearing brick/stone building was assessed at high seismic risk, needing upgrading by base isolation, a solution never attempted before on new or existing buildings in Canada. It was also the first-time flat jacking was used in Canada to separate the structure above an isolation plane from that below, connected only by 30 isolators. This upgrade achieves an “immediate occupancy” post-earthquake performance level (better than code) as well as post-earthquake heritage conservation.

To see full list of winners, go to: http://www.acec-bc.ca/resources/news/winners-of-2017-awards-for-engineering-excellence-announced/

Canadian landscape architecture celebrated

Canadian landscape architecture excellence was celebrated by the Canadian Society of Landscape Architects (CSLA) at its annual National Awards of Excellence.

The award-winning projects are preeminent examples of Canadian landscape architecture. They illustrate the range of what landscape architects do and how landscape architects are helping to reshape communities.

This year, 14 projects received a national award and one project, the Rimouski Breakwater Redevelopment, was selected for the Jury’s Award of Excellence.

The Jury’s Award of Excellence is given to one project per year which best demonstrates the CSLA’s vision (advancing the art, science and practice of landscape architecture).

The Rimouski breakwater redevelopment project by OPTION aménagement inc. is in line with other waterfront developments. The proposal stands out due to the simplicity of the design, which inspires contemplation and meditation, celebration and gatherings.

According to the Awards of Excellence jury, the project is a magical place of perfect simplicity, where the theatre is real: the landscape and the sunset and the St. Lawrence River. It is a project composed of small gestures that make an enormous difference.

The 2017 National Award recipients include:

Trottier Observatory and Science Courtyard – Simon Fraser University
PWL Partnership Landscape Architects Inc.
Category: Small-Scale Public Landscapes Designed by a Landscape Architect (up to 1 ha)

Iqaluit Municipal Cemetery
LEES+Associates
Category: Small-Scale Public Landscapes Designed by a Landscape Architect (up to 1 ha)

South Chilcotin Mountain Provincial Park – Facility Design Concept
Tom Barratt Ltd. Landscape Architects
Category: Planning and Analysis

For full list of winners, see: http://www.csla-aapc.ca/sites/csla-aapc.ca/files/Winners%202017%20for%20communications_0.pdf

Banner year ahead for Canadian hotel market

Hotel real estate transactions in Canada reached $4.1 billion in 2016, with the sale of more than 240 hotels. This is the second highest amount on record, and 2017 is shaping up to be another big year in the industry.

Record-breaking 2016

According to Colliers International Hotels’ 2017 Canadian Hotel Investment Report, last year’s transaction volume was almost 70 per cent higher on a year-over-year basis, with foreign capital a prominent theme.

In fact, cross-border investments and traditional price per room metrics ($99,000) reached new heights. Foreign capital represented $2.75 billion of the total transaction volume and 100 per cent of strategic transaction activity. As a result, strategic transactions accounted for $2.54 billion.

“The low Canadian dollar, the outflow of Chinese capital, hospitality assets’ generally higher yield, and hotels’ strong operating performance are increasing liquidity in the market,” said Alam Pirani, executive managing director, hotels. “A weaker loonie offers investors greater purchasing power. Canada’s stable economic and political environment is an ideal destination for capital flight from China. Hotels deliver returns that averaged 210 basis points higher than those of other real estate investments in 2016. And the industry continually exhibits strong operating performance, with demand outpacing new supply over the past decade.”

The Four Seasons Hotel was the year’s top asset transaction, with American buyer Shahid Khan laying down $225 million. Portfolio-wise, Bluesky Hotels and Resorts, a privately-held Canadian corporation backed by Hong Kong capital, closed on Innvest REIT for $2.1 billion.

Regionally, the fastest growing markets in terms of revenue per available room are Windsor, Ont, Toronto Downtown, Vancouver/South Surrey, B.C., Vancouver Airport, B.C. and Banff, Alberta, according to Smith Travel Research.

Hotel outlook 2017

Buyers remain eager for hotel real estate. More than $3 billion in sales is expected for 2017, with a $1 billion portfolio transaction already completed in Q1.

Market forces are vast and varied, for instance, international travel into Canada due to a weak dollar, and the big boost in hotel activity expected from all the marketing and investments going Canada’s 150th anniversary.

Robin McLuskie, vice-president, hotels at Colliers says we should expect foreign capital to keep coming in.

“We anticipate annualized supply growth to reach between 1.5 per cent and 2 per cent in the next two to three years,” she said. “Hard-hit energy markets are rebounding, setting up these regions for increased activity. Plus the combination of Canada’s weak dollar and significant promotion around the country’s 150th anniversary should make 2017 a peak year for travel into Canada.”

Interest will mostly target Toronto and Vancouver, but limited opportunity in these markets may push investors to look at markets like Ottawa, Montreal and Calgary. Energy-linked markets like Alberta and Saskatchewan are expected to rebound.

Bringing modern decor to financial institutions

Credit unions, banks and financial institutions have never had a very design-forward reputation. For years, it was all about getting in line to face a row of tellers, sometimes behind glass – and even, once-upon-a-time, in cages! Meanwhile, big financial decisions like investing, mortgages or insurance were often made in small, closed offices with little or no thought given to decor.

Well, things have changed. Online banking and apps on everyone’s phone, have made personal banking less a chore and easy to do from wherever you are. Day to day banking doesn’t even require people to go into the branch. Today, an in-person visit to a financial institution is usually a very specific kind of one-on-one meeting with an advisor to talk about the big picture, future plans, and how to get there.

For young investors like millennials, the stiff collar approach of old just doesn’t cut it. They’re looking for a personalized experience that in a more relaxed and informal environment than what’s on offer at traditional establishments.

This is particularly important to Paula Arsens, creative director of Financial Strategies. They are in the business of selling insurance and other financial products to the millennial market.

“Millennials have a mistrust of traditional banks,” says Arsens. “So we knew we needed a different, more casual design for our offices. We call them Financial Cafes and I think the name and design really sets the right tone.”

Arsens, also an interior designer, worked with Judy Henderson, principal of Inside Design, a firm primarily known for their work in hospitality and restaurant spaces. Together they brought together a modern and open decor where millennials would feel comfortable and at ease.

“The design aesthetic for the café is clean and calming,” says Henderson. “We used a neutral background with accents of orange and large-scale design elements like the living wall and modern paintings to create overall drama. We also added a dynamic, light cove ceiling.”

Financial Strategies isn’t the only financial institution making design changes to attract and keep their customers. Vancity, Canada’s largest community credit union, began to make changes to their interior design back in 2012. According to Rick Sielski, senior vice president, the credit union “intentionally adapted a design to meet the needs of local members in a way that recognizes the role they play in the community.”

Today, 12 Vancity branches have the new design that offers a concierge to greet members at the entrance and other innovative features like free meeting space and large scale art installations that reflect the rich and diverse culture of the branch’s local community. The re-design is a reflection of Vancity’s desire to be a community hub and a place of shared values and ideas.

“It’s definitely about going the extra mile to personalize service and provide a space that speaks to your customers wants and needs,” says Arsens. “The café design is just one way to show our clients we understand how they want to do business.”

Financial Strategies’ Café is located at 363 Bremner Boulevard in Toronto, Ontario. Inside Design Studio is a Vancouver firm specializing in modern hospitality design.

E-learning course targets moisture, humidity control

ASHRAE has added two new courses to its e-learning catalogue – School of Hard Knocks: Controlling Moisture & Humidity in Buildings and Ethics for the Built Environment Professional Engineer.

The School of Hard Knocks: Controlling Moisture & Humidity in Buildings course offers intensive lessons about moisture and humidity-related imperatives of design – both architectural and mechanical – and about moisture issues in construction and operation. The training shows specifics on how dry buildings are more resilient, comfortable and energy-efficient than damp or mouldy buildings.

The Ethics for the Built Environment Professional Engineer course provides an overview of engineering ethics – including explaining the common framework for ethical decisions and providing key definitions needed by every professional engineer in today’s workplace. ASHRAE’s Code of Ethics and the National Society of Professional Engineers’ (NSPE) Code of Ethics are also discussed. Additionally, a review of several ethical case studies from the NSPE helps course takers better understand the duties and decisions faced by professionals within the built environment industry.

The ASHRAE e-learning Centre was launched last year to promote more accessible and effective training for industry members.

“Offering all of ASHRAE’s world-class educational products – including these two new courses – in one location is a significant step forward for the industry,” says ASHRAE President Tim Wentz, Fellow ASHRAE, HBDP. “The ASHRAE eLearning Center is helping our industry’s engineers meet their professional goals more efficiently, which in turn, better equips them to create a future where the built environment is healthier, more comfortable and more energy efficient.”

Re-examining the sit-stand workstation

Walk into any office and one will likely see most people seated at their workstation. Indeed, most workstations are designed to support seated work postures. Seated work is the most comfortable for most work contexts, especially in an office environment.¹ Seated work is also more comfortable compared to standing for extended periods of time, particularly for lower limbs.^2-4

However, time spent sitting, and more specifically engaged in sedentary behaviour and low-caloric activity, has been linked to health concerns.⁵ It seems that a general decrease in daily physical activity levels may be influenced more by decreased activity in workplaces than a general decrease in physical activity during leisure time .⁶ Even though people are making the effort to complete their recommended amount of vigorous physical activity daily, they are still considered “insufficiently active” because of the eight to 12 hours a day spent sitting at their job.

Researchers are focusing on the impact of sitting at work on one’s health, and determining what reasonable courses of action can be taken to reduce adverse health effects of office/sedentary work. One such intervention has been the introduction of sit-stand workstations.

A cure for sitting disease?

The issues associated with seated work have led to a proliferation of furniture and devices designed to increase the amount of standing and movement in an office environment. Among the most popular is the sit-stand workstation.

Many sit-stand desk/device advertisements claim that standing at work during office tasks allows one to be more active, improving overall cardiovascular health and burning more calories to combat the risk of becoming overweight/obese. Standing requires very minimal cardiovascular demands and caloric output is not much higher than for seated work. Without incorporating walking or movement throughout the day, the body’s metabolism remains at a very low level. Recent research has compared energy expenditure in sitting and standing and found no significant differences between the two postures.^7-8

The benefits of sit-stand

The evidence is mixed as to whether a sit-stand desk can reduce a person’s risk of sitting disease. However, there is evidence to show that having the ability to alternate between sitting and standing regularly can help to reduce musculoskeletal discomfort and symptoms for various spinal disc problems in the back.

For individuals who have injuries or damage to the spinal discs and surrounding structures, or specific musculoskeletal disorders (particularly in the back and hips), sit-stand workstations have been shown to be beneficial and effective at managing their discomfort. An employee should receive an examination from their physician/healthcare providers first. This is important to determine whether they truly are suffering from a condition that is aggravated by prolonged seated work or a condition that would benefit from other types of intervention (increased walking breaks, exercise or stretching).

With organizations trying to decrease their office footprints, dedicated workspaces are slowly becoming a thing of the past. Increasingly, employees are required to set up at a different desk each day. With this, the importance of workstation height adjustability is critical to accommodate varying statures of individuals.

Sit-stand workstation costs have decreased significantly in recent years and are becoming a more feasible option as a standard desk across an organization. Even without considering the benefit of all employees having the option to stand, the ability to easily adjust the work surface to everyone’s elbow height is critical in reducing ergonomic risks for the body during computer use.

The hazards of sit-stand

When implemented incorrectly or used improperly, just like any other piece of equipment, a sit-stand workstation may increase risks for injury. Improperly adjusted work surfaces and viewing heights may introduce awkward postures in the upper limbs, neck and/or lower back.

Furthermore, standing for extended periods — beyond 30 consecutive minutes — may lead to unwanted physiological effects and symptoms in the lower limbs and should be avoided. It is recommended that users of sit-stand workstations frequently rotate between seated and standing work postures to reduce the negative effects associated with prolonged standing or sitting.

The following considerations should be made when implementing sit-stand workstations for office spaces or individuals:

Work surface height range

To promote neutral upper limb postures, the work surface needs to be adjustable between seated and standing elbow heights. When installing sit-stand work stations as a standard desk in an organization, accommodating the 5th percentile female seated elbow height (22.4 inches) and the 95th percentile male standing elbow height (48.5 inches) typically provides an adequate height range.

Work surface size

It’s important to consider the tasks that employees complete each day when choosing a sit-stand product. The work surface needs to be large enough to accommodate all the materials and equipment that employees frequently use.

In general, a desk surface that is 30 inches deep and 60 inches wide provides adequate depth for dual monitors and additional desk space for paper documents; however, other sizes and configurations may need to be considered in some cases. Therefore, it is generally best practice to have an entirely adjustable work surface rather than installing a height adjustable device that sits on top of the desk surface.

Height adjustment mechanism

The goal of a sit-stand workstation is to enable employees to alternate postures frequently throughout the day. Height adjustment mechanisms should be electric to allow for ease of work surface movement. Ideally, if the control can be programmed, the individual can set the proper seated and standing work surface height, minimizing set-up times.

Education

Education is a key component to ensuring individuals understand the importance of using the proper work surface height and frequently rotating postures throughout the day. When organizations take the time to instruct employees through seminars, posters, or online courses, employees are more likely to attain the benefits and avoid the hazards of sit-stand workstations.

Sit-stand workstations will not likely minimize the effects of a sedentary lifestyle, but it can have a positive effect on reducing risks for musculoskeletal discomfort. Introducing sit-stand workstations can also accommodate more individuals, especially when a workplace moves away from assigned seating.
Researchers continue to explore interventions to help reduce sedentary behaviors at work. Promise exists with improved environmental design that encourages more active movement in the workplace and the emergence of structured movement programs.

Catherine Smallman joined EWI Works in 2013 with a Master’s of Science in Kinesiology specializing in occupational biomechanics and ergonomics from Queen’s University. Catherine provides office ergonomic assessments at an individual and group level, delivers educational training sessions, develops ergonomic design guidelines for facility planners and is involved with industrial ergonomic assessments.

Linda Miller, OT (c), OTD, CCPE, is president and certified ergonomist for EWI Works International Inc., Clinical Associate Professor, Faculty of Medicine and Dentistry, Department of Preventive Medicine, University of Alberta. She can be reached at [email protected].

References

1. Lehman KR, Psihogios JP, Meulenbroek RGJ. Effects of sitting versus standing and scanner type on cashiers. Ergonomics. 2001;44(7):719-38.

2. Laperriere E, Ngomo S, Thibault MC, Messing K. Indicators for choosing an optimal mix of major working postures. Applied Ergonomics. 2006;37(3):349-57.

3. Messing K, Tissot F, Stock SR. Distal lower-extremity pain and work postures in the Quebec population. American Journal of Public Health. 2008;98(4):705-13.

4. Tissot F, Messing K, Stock S. Standing, sitting and associated working conditions in the Quebec population in 1998. Ergonomics. 2005;48(3):249-69.

5. Castillo-Retamal M, Hinckson EA. Measuring physical activity and sedentary behaviour at work: A review. Work-a Journal of Prevention Assessment & Rehabilitation. 2011;40(4):345-57.

6. Chau JY, van der Ploeg HP, Merom D, Chey T, Bauman AE. Cross-sectional associations between occupational and leisure-time sitting, physical activity and obesity in working adults. Preventive Medicine. 2012;54(3-4):195-200.

7. Speck RM, Schmitz KH. Energy expenditure comparison: A pilot study of standing instead of sitting at work for obesity prevention. Preventive Medicine. 2011;52(3-4):283-4.

8. Tudor-Locke C, Schuna JM, Frensham LJ, Proenca M. Changing the way we work: elevating energy expenditure with workstation alternatives. Int J Obes. 2013.

When private interests infiltrate the condo board

Why does one become a director? It’s generally not the applause, the pay cheque, or the pleasure of being bombarded in the elevators by other residents’ questions. Some directors cite interest in playing their part to help their home thrive, others blame their neighbours’ persistence, and others are there to fix some old mistakes.

Regardless of one’s original motivation for becoming a director, directors have a tremendous responsibility, including managing the property and ensuring compliance with the condo’s governing documents (the Condominium Act, declaration, bylaws, and rules). Section 37 of the Condominium Act requires directors to act honestly and in good faith in carrying out their duties, and to exercise the care, diligence, and skill that a reasonably prudent person would exercise in comparable circumstances.

But what happens when personal interests diverge from the interests of the greater good and representatives of private, commercial interests become directors, or worse, compose the majority of the board?

Governance challenges and financial issues abound when directors become motivated by self-interest, instead of looking out for the best interests of the condo as a whole. The power struggles that ensue can have divisive, destructive, and alarming consequences, resulting in corporations embattled with legal issues, in-fighting, disgruntled residents, and rampant non-compliance.

The Condominium Act does not set the bar particularly high to be a director: a director must be 18 years of age, not an undischarged bankrupt, and must be capable of managing property within the meaning of the Substitute Decisions Act. One does not need to be an owner or resident of a condo, or have any affiliation with the condo at all, to be a director. By default, the threshold to be a director is low.

What does this mean in practice? Let’s consider short-term rentals as an example. If a person operates a short-term rental business and is interested in renting out a group of units in a condo, he or she can run for the board. So can that person’s business partners; and with the right campaign (or potential “customers”), it’s possible for these parties to garner sufficient support to get elected.

If the board is stacked in just the right way, these private interests can rule, turning a blind-eye to non-compliance, offering preferential treatment or perks to short-term renters through preferred parking, storage space, or even cleaning services, on the condo’s dime. And the owners could be left in the dark, deceived and lied to, relying on the self-interested directors to provide them with updates and information about the operations of the condo.

But eventually the other owners get tipped off that something might not be right – maybe it’s the neighbours’ excessive partying on the weekends, beer bottles strewn across the corridors, or guests overheard at asking the concierge for an extra bottle of shampoo or how to get to the pool. Communications with management and the board do not seem to resolve the ongoing issues, and concerned owners start exploring their options.

Of course not all short-term guests wreak havoc on a condo. But a condo is empowered by the Condominium Act to be able to establish its own restrictions, within the bounds of the law, on permitted uses of units. Once established, owners have a right to expect the governing documents will be adhered to.

For a corporation who has been infiltrated by a self-interested board refusing to enforce short-term rental rules, the owners or other directors can requisition a meeting to remove the self-interested director or commence an application in the courts.

It can be fairly difficult to remove directors from the board prior to the expiration of their term. The majority of unit owners would need to vote in favour of removing the director at a meeting called for the purpose of removal. The more units are tenanted in the condo, the more difficult this threshold is to reach.

If the corporation has passed bylaws that contain disqualification provisions, the removal might not require an owner vote. If the bylaw permits, directors can be removed for a breach of the code of ethics, for example. Of course, if the self-interested directors compose the majority of directors or are otherwise able to influence the other directors, a breach of the bylaw is unlikely to be sufficient to require the directors to relinquish control, despite a clear breach of the bylaws.

Where removal of a director is not feasible, impractical, or will not adequately protect the condo from damages which may have been suffered, a court application may be necessary. Owners could commence an application for the board’s failure to enforce the short-term rental provisions in the governing documents, and, if there is concern about the manner in which the self-interested directors are governing, a finding that the directors have acted in bad faith or in breach of their obligations. Where a director is found to have acted in bad faith, that director can be held personally liable, and can be responsible for the damages ordered in the application.

In Ballingall v. Carleton Condominium Corporation No. 111 (CCC 111), a group of owners commenced an application against CCC 111 and one of the directors personally for, among other things, a declaration that the director had breached the standard of care required by section 37 of the Condominium Act.

CCC 111 had a declaration provision that required the residential units to be used solely as single-family residences. CCC 111 was located in close proximity to a university, and many units had been rented to multiple, unrelated students. Tension arose between owners who wished to rent units to unrelated tenants and those who were owner-occupants.

CCC 111 attempted passing a rule to further define “single-family residence.” Instead of supporting the decision of the board with respect to a rule further defining “single family,” the director attempted to undermine board decisions and mislead unit owners. He sent a letter to all unit owners (except the other directors) encouraging them to distrust the board, made the board dysfunctional, promoted antagonism and dissent, and put his own economic interest ahead of the interests of all unit owners. Fortunately for CCC 111, there was only one director acting in self-interest.

The director, keen on ensuring he could continue renting his unit to unrelated tenants in breach of the single-family dwelling provision in CCC 111’s declaration, was found to have acted in bad faith and in breach of the standard of care required of directors.

The continuing increase in popularity of short-term rentals and its impact on condos has far-reaching influence, including at the municipal level. The City of Toronto is planning on reviewing the issue of short-term rentals. A report released by the City, entitled “Developing an Approach to Regulating Short-Term Rentals,” outlines the further research the City plans to undertake into the issue, including consultations with the public, key stakeholders, and the need to explore potential options for regulation. Until regulation comes, boards are left to their own devices to regulate short-term rentals in their buildings and to ensure that owners and directors comply with the governing documents.

As a proactive step, the Condominium Act does permit a condo to enact its own bylaws setting out additional qualification requirements for directors. These can include requiring directors to be owners or residents of a unit in the condo or requiring directors sign a code of ethics enshrining certain shared values of the board. These types of additional qualification provisions can help protect a corporation from private interests infiltrating a condo board, or at the very least, may make it easier to regain control if these interests have already gained support.

Josh Milgrom is an associate at Lash Condo Law, practicing exclusively condo law.

Toronto seeks borrowers for retrofit loan fund

Toronto’s pilot program to advance loans for energy and water efficiency upgrades has received a positive review from third-party evaluators. A new report prepared for city councillors recommends increasing the upfront loan limit — which is later repaid through special charges added to property tax bills — for multi-residential landlords and expanding eligibility to include low-rise buildings with fewer than five storeys.

Independent analysts from Dunsky Energy Consulting looked at three years of results since the program was launched in January 2014 with $20 million in seed funding — $10 million each for the multi-residential rental and single-family ownership sectors. At the time, Toronto was the first Ontario municipality to take advantage of new flexibility to apply local improvement charges (LIC) toward privately owned residential property. (Traditionally, they have been levied to property owners who benefit from specified types of investment on public land.)

For multi-residential landlords, the retrofit loan fund provides an opportunity to borrow project capital and repay it in instalments with their property tax over a period of up to 20 years. Loans are registered on the property title so that any subsequent purchasers would assume repayment obligations.

Thus far, property owners haven’t necessarily rushed to take advantage of the program. About two-thirds of the original $20 million remains untapped after three years, but landlords’ uptake of the multi-residential component — known as the High-rise Retrofit Improvement Support (Hi-RIS) program — surpasses homeowners. As of December 2016, $4.2 million had been allocated for improvements in six buildings comprising 1,078 suites, compared to $2.1 million dispensed for 125 single-family houses.

The energy consultants calculate average savings of 5,439 gigajoules (GJ) per Hi-RIS project, breaking down to a 27 per cent reduction in natural gas consumption, a one percent drop in electricity use and annual emissions reductions of 1,431 tonnes of carbon dioxide equivalent (eCO2).

“Hi-RIS enabled owners to commence projects two to five years sooner than they would have without the program and pursue projects with longer paybacks than they would have considered otherwise,” the report submitted to Toronto’s parks and environment committee states. “Projects are expected to increase building value as the energy and maintenance savings will increase the net operating income.”

Under program rules, applicants could qualify for a maximum loan equivalent to 5 per cent of the property’s assessed value, as determined by the Municipal Property Assessment Corporation. Measures implemented in multi-residential buildings, which include replacement of windows and balcony doors, roofing and mechanical system upgrades, are estimated to have delivered total annual operating cost savings of $230,000 for an 18-year simple payback on investment.

Although that’s a longer payback period than many business operators would typically consider, proponents of the LIC funding mechanism suggest it can be less daunting than conservation initiatives contingent on meeting a specified target for energy savings and/or can be used in combination with other incentive programs to stretch capital funding. Project proponents generally also have more time to repay loans than they would through conventional financing.

“Both programs (Hi-RIS and single-family) provide financial flexibility to cover non-energy work linked to energy improvements, such as maintenance upgrades and environmental remediation, which simultaneously enhances building quality and durability in addition to energy efficiency,” the report notes.

Multi-residential landlords have until December 31, 2018 to take advantage of the pilot program. With nearly $6 million still left in the kitty, the city staff report recommends: raising the ceiling for loans to 10 per cent of the property’s assessed value or $2 million, whichever is the lesser amount; lowering criteria for building size from the current requirement of five or more storeys; and allowing funds to be invested in renewable energy technologies in addition to conservation-related upgrades. The parks and environment committee will consider the report at its meeting today.

ISO publishes two new FM industry standards

The International Facility Management Association (IFMA) is celebrating the publication of two new International Organization for Standardization (ISO) standards impacting the facilities management industry.

In April 2017, ISO, an independent, non-governmental organization and developer of international voluntary consensus standards, published two new standards: ISO 41011:2017, Facility management – Vocabulary; and ISO 41012:2017, Facility management – Guidance on strategic sourcing and the development of agreements.

Recently, the increasing cost of fragmentation within the industry has emphasised the need for a unified global FM community. As the largest global FM body, IFMA has pursued the development and support of global FM unification through ISO standard-making and productive global partnership, such as the IFMA-RICS collaboration. Since 2012, IFMA has served as administrator on behalf of the American National Standards Institute (ANSI) U.S. Technical Advisory Group (TAG), playing an important role in the development of global FM standards.

“The ability of FM practitioners to speak the same professional language around the world is the foundation of a robust global community that will be better situated to tackle the challenges of the future,” said Jim Whittaker, past chair of IFMA and leader of ANSI TAG, in a press release. “For an industry as diverse as FM, developing standards can be a daunting task, but the reward for success is worth the effort.”

ISO standards can be found online at www.iso.org. The organization plans to publish a third technical report, ISO 41013, Facility management – Scope, key concepts and benefits, later this year.

U.S. seeing uptake in cigarette litter prevention

Communities in the United States that implemented The Cigarette Litter Prevention Program in 2016 saw an overall 60 per cent reduction in litter.

National non-profit Keep America Beautiful spearheaded the program now in its fifteenth year and funded by tobacco companies. In the past. Canada has also launched the program in places like colleges and universities and special event locations.

In the U.S., this is the largest program targeting cigarette litter. Last year’s reduction was up 10 per cent from the previous year. For 2017, nearly $300,000 will be delivered to 37 grant recipients, such as local governments, business improvement districts and parks and recreation departments to stop littering.

“Keep America Beautiful and our Cigarette Litter Prevention Program partners are dedicated to educating consumers on the hazards of litter and providing the tools to change their behavior,” Keep America Beautiful COO Becky Lyons. Recent cigarette litter reduction numbers show we are moving in the right direction towards making the littering of cigarette butts – and littering in general – socially unacceptable in our country.”

Since its establishment, the program has cut cigarette butt litter by approximately half based on local measurements taken in the first four months to six months after program implementation. Ongoing monitoring has also lead to sustaining and even increasing reductions.

According to Litter in America, Keep America Beautiful’s landmark study of litter and littering behaviour, cigarette butt litter occurs most often at transition points – areas where a person must stop smoking before proceeding into another area, such as bus stops, entrances to stores and public buildings, and the sidewalk areas outside of bars and restaurants, among others.

Parties interested in starting this program in their community can access the Guide to Cigarette Litter Prevention online, and are advised to integrate four approaches:

Encourage enforcement of litter laws, including cigarette litter.
Raise awareness about the issue using public service messages.
Place ash receptacles at transition points such as entrances to public buildings.
Distribute pocket or portable ashtrays to adult smokers.

P&G, Sodexo among Canada’s Best Diversity Employers

Sodexo Canada and Procter & Gamble (P&G) are among Canada’s Best Diversity Employers for 2017. Now in its tenth year, Canada’s Best Diversity Employers recognizes national companies that have exceptional workplace diversity and inclusiveness programs in five groups, women, visible minorities, persons with disabilities, Aboriginals and LGBT people.

Sodexo delivers food and facilities management services across the globe, and has been a market leader in Canada for more than 40 years, now serving about 200 clients. It maintains a diversity and inclusion council and task force. This council oversees various employee business resource groups, such as PRIDE (LGBT), SAGE (multigenerational) and WiLL (women in leadership and learning).

In partnership with Ready Willing and Able Canada, it recently committed to hiring more than 200 individuals with disabilities in 2017 and more than 500 hires in 2018. In Vancouver, the company offers internships to Vancouver Community College students with intellectual disabilities, in partnership with the Vancouver School Board’s Life Skills Program, and its WiLL program provides development opportunities for female team leaders.

Personal care giant Procter & Gamble also made the list. The company’s away-from-home division now serves the food service, building cleaning and maintenance, hospitality, and convenience store industries. A chief diversity officer oversees activities like training on gender differences, persons with disabilities, the LGBT community and inclusive leadership. Internal employee networks offer mentorship and support for professional development, and executives conduct an annual diversity review with senior-level employees to assess progress. There is also the global diversity and inclusion awards to recognize employee champions

Applications for Canada’s Best Diversity Employers 2018 competition will be available early in 2017.

B.C. approves new $100 million ski resort

A new $100 million ski resort near Valemount, B.C. offering year-round glacier skiing has been approved for construction. The provincial government has finalized and signed a master development agreement for the new Valemount Glacier Destinations ski and sightseeing resort.

The project will feature year-round glacier skiing and gondola access for alpine sightseeing and the largest vertical drop in North America, third largest in the world, of more than 2,000 metres (6,726 feet). The project is expected to generate 800 full-time jobs and supported through the construction and operation of the resort.

The master-plan review process included consultation with First Nations, government agencies, local stakeholders and the public. These consultations were completed in March 2016.

The approved 60-year master development agreement is the land-use contract between the province and Valemount Glacier Destinations, which will allow construction and development activities to proceed toward an anticipated resort opening in December 2018. The entire project is designed for a 20-year build-out.

“The glacier access at this world-class resort gives visitors an extended ski season and helps diversify the tourism experiences in northern B.C. ‎‎The partnerships, investment and jobs created by the resort will benefit the region for years to come,” said Shirley Bond, Minister of Jobs, Tourism and Skills Training and Minister Responsible for Labour.

Citron Hygiene acquires Alberta’s Alpine Jan-San

Citron Hygiene has acquired Alpine Jan-San (Alpine), Alberta’s leading provider of commercial washroom hygiene services.

Alpine serves an array of customers, from retailers and foodservice establishments to commercial, manufacturing and industrial businesses.

“This acquisition supports our acquisitive corporate growth strategy and will significantly enhance our presence and density in the Alberta market on the heels of our Sani-Service acquisition completed in September 2016, our initial entry into this market,” says Citron Hygiene President and CEO Peter Farrell. “Alpine has long been the dominant washroom hygiene service provider in that market and I am delighted that Alpine’s owners, Ray and Kim Olthof, felt that we were the right buyer for their company.”

Both Ray and Kim Olthof wanted to ensure Alpine’s buyer had business savvy, but also looked after its employees and loyal customers.

“As the largest player in our space in Canada, Citron Hygiene has a well-established track record of delivering excellent customer service and fostering a very positive corporate culture,” the duo said. “We look forward to working closely with Peter’s team to ensure a smooth and seamless transition process for our customers.”

Citron Hygiene is a leading provider of commercial washroom and foodservice hygiene, pest control solutions, as well as a broad range of chemical and other facility-based products and services.

Working-at-heights training deadline extended

Ontario’s ministry of labour has, under certain conditions, given construction workers who met old requirements for fall protection training an extra six months to meet new requirements for working-at-heights training, reported RESCON in a formal update to its members. The requirements apply to construction workers who use travel restraint systems, fall restricting systems, fall arrest systems, safety nets and work or safety belts.

Construction workers who fulfilled the fall protection training requirements contained in subsection 26.2(1) of O. Reg. 213/91 before O. Reg. 297/13 took effect April 1, 2015, were initially given two years to transition to the working-at-heights training requirements. The recently announced extension gives these construction workers until Oct. 1, 2017, to fulfill the new requirements provided that they are enrolled in a chief prevention officer-approved working-at-heights training program that will conclude before the revised cutoff date.

A memo from the ministry to chief prevention officer-approved working-at-heights training providers indicates that employers will be required to keep written proof of enrollment for these construction workers. Employers will also be required to produce this proof of enrollment, including the worker’s name, the approved training provider’s name, the approved training program’s name and the date the training is due to wrap up, on request by inspectors, and may receive such requests from clients as well.