Canada's Condominium Magazine

Ask the Lawyer: Richard Hoffman replies to a reader concerned over a fire caused by a resident with dementia

By popular demand, Condo.ca, Canada’s Condominium Magazine, is pleased to bring back “Ask the Lawyer.” We invite readers to submit their condo related questions to Richard Hoffman, a lawyer with DelZotto, Zorzi LLP, practicing in the area of condominium law.

Do you have a question for Richard? Please reach out to us through our contact form>>

Reader Question: “I know that when it comes to seniors with dementia or at risk of burning down the building, they are protected under the Human Rights Codes and so on, but as a resident, what are some of the things we can do to help or protect other residents. One person in my building with early dementia (I heard from the concierge) caused a kitchen fire and previously a flood from the bathtub. What are the rights of other residents, and how can we all help each other out in these difficult situations?”

Where there are safety concerns, Lawyer Richard Hoffman answered that one remedy under the Condominium act is to ask for a court order that a resident have an assisted living caregiver with them.

Richard Hoffman Answers

“In a situation where there is a unit owner that has dementia and there are concerns that their condition may pose a danger or risk to themselves or other unit owners, there is remedy under the Condominium Act. An application can be made to the court to obtain an order that the owner must have an assistant living caregiver with them or in the worst case scenario seek an order that the unit must be sold.”

Richard Hoffman

Richard Hoffman is a member of DelZotto, Zorzi LLP, since 1992, practicing in the area of condominium law.

Richard Hoffman has been a member of DelZotto, Zorzi LLP since 1992, practicing in the area of condominium law. He has represented condominium corporations and unit owners through all stages of the litigation process and at all levels of Ontario Courts (Superior Court of Justice, Divisional Court and Court of Appeal). He is well experienced in handling all types of condominium litigation, from applications to enforcing compliance with declarations, by-laws or rules, to handling multi-million dollar claims for budget misrepresentation. He has also advised condominium corporations of various sizes on all facets of condominium law.

Richard is presently a member of the Canadian Condominium Institute and regularly lectures on contract and agency law in the condominium context at Humber College, as well, he is a regular contributor to various condominium magazines and has contributed to the condominium section of the Toronto Star.

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