Rod: Okay. Let's do it. Hello, hello. Good evening, everybody. I'm Rod Escayola, your condominium lawyer with Gowling WLG and welcome to episode 19, which is going to be a fun episode. This episode is really are holiday webinar. So we decided that we'd have a bit of fun and we would test all of your knowledge. All of your condominium knowledge and we found some contestants that were prepared to take on the challenge and participate to this "Jeopardy" game. This episode obviously is going to be a tribute to our late Canadian icon, Alex Trebek. In fairness to CondoAdvisor, we actually had decided to do a Jeopardy episode before we learned of his passing, but I think now it's even more fitting that we'd have this tip of the hat to someone who was truly one of the top Canadian icons. So, without further ado I'm going to very quickly go around the table and introduce our usual CondoAdvisor gang. As you probably saw from the marketing we're going to do a Jeopardy episode tonight so I decided to introduce them to you in the form of a question. The first one, of course, is working with Apollo Property Management. His name is Sean Cornish. I missed that. I have to put a question, eh? Who is Blitzen? That's the question. Sean Cornish. Welcome, Sean.
Sean: Thank you.
Rod: I didn't really rehearse that part there. Property Manager with Crossbridge, also usually speaking on behalf of ACMO. Who is Katherine 'Cupid' Gow? Hello, Katherine.
Katherine: Hi. It's good to be with you all here tonight. I can't wait to play the game. Good fun.
Rod: Do you see sort of a pattern? I think by now you saw the pattern, the theme tonight, and so from Lash Condo Law, speaking also on behalf of CAI, who is Denise 'Dasher' Lash? Hi, Denise.
Denise: Hi Rod. Great to be here. Looking forward to watching our contestants.
Rod: Now from the National Life Safety Group, who is Jason 'Vixen' Reid? Hi, Jason.
Jason: It's nice to be here everybody.
Rod: Hey, nice haircut.
Graeme: I thought I was going to be Vixen.
Rod: No, no, no. I've saved a special one for you there, buddy. So, of course, the most senior property manager in Ottawa, from DES Services, who is Josee 'Comet' Deslongchamps? Hi, Josee. I think you're muted or maybe you just dropped off. I'm not sure. Is she here.
Graeme: Yeah, no, here but muted. Soon to be corrected. There she is.
Josee: Here I am. Hello. I'm not often quiet.
Rod: No, I know. That got me worried. I don't think I've ever seen you muted. So, our usual condo twins, but one of them is actually taking a week off. So it's sort of an only child tonight but just to keep the theme around our twins, who is Graeme 'Dancer' McPherson. Hi, Graeme.
Graeme: Yeah, I get it.
Rod: Yeah, and of course, Prancer would have been David but he's not here tonight. Okay. There it is. So great fun. Now let's fun focus on the contestants. Tonight we're going to play the Jeopardy game and to play the Jeopardy game we came up with four very courageous individuals who decided, well for the Ottawa they were volunteers, for Toronto I got to say there were voluntold by no one other than Katherine. Katherine's the one that actually sort of bamboozled them into showing up tonight. So the first one, I'll give you the clue and then I'll ask you the question. He dreamt of being in a game show since early childhood and he was hoping to receive the answers to today's questions in advance. Sadly, that didn't happen. Who is Craig McMillan? Hi, Craig. Where are you? There you are. So Craig, you're obviously the President of Maple Ridge Community Management. You've been a condo manager since 2003. I see here that you obviously hold a RCM designation from ACMO. You are on CCI National, I take it. Did I get that right?
Craig: How many CCI?
Rod: That's right. That's right and you currently serve on ACMO's board of director and two of their sort of committee. Right? The Professional and Business Partner Committee and the CMRAO Advisory Committee. Right?
Craig: No. I'm on the CMRAO Advisory Committee but I'm also on CCI Golden Horseshoe Business Partner Committee.
Rod: You know what? I think Alex Trebek, you know I always took that for granted. I thought it was so easy. It's really much harder than I initially thought it would be. Welcome, Craig. Welcome tonight and then we have someone who had studied British history as a child and had focused on Henry VIII which left her to wonder why her parents would name her Catherine. Who is Catherine Murdock? Hi, Catherine.
Catherine: Hi. How are you?
Rod: You are with Del Management and have been for 30 years. So I think tonight you're competing with Josee for the most senior property manager and you're on ACMO's Board of Director, right?
Catherine: I am.
Rod: Perfect.
Catherine: And I'm also an instructor for the ACMO courses for 15 years.
Rod: Perfect. Welcome aboard, Catherine.
Catherine: Thank you.
Rod: So, Catherine and Craig, you are going to be the Toronto team. Now for the Ottawa team, we have someone who played drums in a punk rock band and who even recorded a full length CD in 1997. Who is Sean Murray? Sean Murray is with Apollo Property Management, father of three awesome daughters, spent 10 years as a licenced realtor, practicing commercial and residential real estate and then I don't know what happened. Something hit him over the head and he transitioned to property management about 12 years ago. Welcome, Sean.
Sean M: Hi, Rod.
Rod: And the last, but not least, to overcome his fear of public speaking he regularly performs stand-up at open mic around the city, who is Gerry Bourdeau? So, Gerry Bourdeau is a property manager with CMG. CMG being, gee I'm drawing a blank here. Go ahead, Gerry.
Gerry: Condo Management Group.
Rod: That's right. It's the C that escaped me for a second. It's condo. That's the easy part. So there it is. Gerry's a condo manager for CMG and has started in that capacity about 10 years ago. Right?
Gerry: Well, I've been working in condos for more than 10 years, both as a contractor and a manager, so I'm hoping there's some contracting questions tonight but I doubt it.
Rod: Okay. No. I don't think so. So there it is, folks, tonight we're going to play Jeopardy, the CondoAdvisor Edition. The rules are quite simple. The four contestants will each represent a city and they will raise their hand if they think they know the question to the answer I will give them. The first person to raise his or her hand will have 5 seconds to guess the answer, and if you guess the answer correctly then you get condo dollars and, of course, at the very end there's going to be jeopardy final question and you'll be able to gamble or bet these condo dollars. In small print at the bottom of the slide you see that these condo dollars are not legal tender and they cannot be redeemed anywhere. So there it is, before you ask me the question. Now, folks at home. Don't despair. You can also play. If Toronto or Ottawa have not found the question to be my answer then you can raise your hand and we will turn your mic on you'll be able to play. If one of you turns out to be a Jeopardy specialist we'll promote you for the Jeopardy final question. Okay, so there it is. The only rule I have for the attendees, at home, is that I think I'm going to eliminate lawyers. If I see lawyers I may not allow them to play because they don't play well with others. Okay, there it is. Are you ready? Let's do it.
Denise: Whose birthday is closest?
Rod: Yes, we have to determine this but we have to do something else. I need to stop this and I need to cause something happened here. This is live television for you, folks. So, Graeme, can you sort of figure out whose birthday is the closest?
Graeme: I can indeed. For everybody, I'll be the eye in the sky making sure that everybody plays fair. I'm watching the points so no funny business. Catherine, could I please get your birthday?
Catherine: June 17.
Graeme: June 17. Okay, and, Gerry?
Gerry: December 16
Rod: Ohhhh.
Graeme: December 16. That's looking pretty good. That's going to be a tough one to beat. Sean?
Sean M: May 14.
Graeme: May 14. Okay and Craig, last but not least?
Craig: June 22.
Graeme: Sorry, June 22?
Craig: Yup.
Graeme: Okay. You and Catherine are close. So based on that order then we will be going in the order of Gerry.
Rod: So he picks the first question then. He's going to pick the first question. Let me just bring back my PowerPoint on the screen because there was a little problem with the PowerPoint. Let met just put it back on and if not we're going to see what we can do. Well, we're just going to have to fly by the seat of our pants it seems. That's what's going to happen.
Graeme: That's what we do around here anyway.
Rod: Fear not, folks, fear not. I'll bring it back up. We'll see what happens because two of the questions were already used during the practice run and so that was the issue. Let me just put it back on the screen. There we are. Launch this. Okay, then share my screen. Fear not, folks, fear not. This is all under control, kids.
Graeme: This is the behind the scenes movie magic that everybody comes to see.
Rod: Kids, don't try this at home. Okay. There it is. Perfect. Ready to go. We've got the rules. Whose the first player?
Graeme: That's going to be Gerry.
Rod: Okay, Gerry, you get to take the first question.
Gerry: Okay. Let's go Governance $400, please.
Rod: Governance $400. Promoting safety, security or welfare they also prevent unreasonable interference with the use and enjoyment of units and common elements. Gerry, your hand is up.
Gerry: What is a rule?
Rod: Yes. Okay. Lower your hands, please, folks. Next question, Gerry.
Gerry: Governance $600.
Rod: It's sometimes requires 35 days, other times only 30. It is not required if the board has lost quorum. Gerry, your hand is up.
Gerry: What's a preliminary notice of meeting of honours?
Rod: Preliminary notice. Well done. Okay lower all your hands. Now, in fairness to everybody, you've got to wait until the end of the question to raise your hand because otherwise I don't stop. You've got to wait until, Graeme, keep on an eye on the Ben Johnson's out there.
Graeme: Alright.
Rod: The next question, Gerry.
Gerry: Let's keep going. Governance $800.
Rod: Governance $800. Flooring and countertops, from bare bones to frills. Without it, the corporation may be out of pocket and harder to insure. Gerry again.
Catherine: Gerry is quick.
Gerry: What's a standard unit bylaw?
Rod: What's a standard unit bylaw? Well done. Lower your hands. Gerry, you're next, again.
Gerry: Okay. We'll do Governance for $1000.
Speaker 1: Governance for $1000. Sometimes required within 5 days. Usually within 30. It is not required if there has been no change to the board of director. If there are no change to the board of director. Gerry.
Gerry: What's an information certificate update?
Rod: What is a information certificate update? Oh my goodness. Gerry, you're like killing this today. Wonderful. Okay. So, next question, Gerry.
Gerry: Well, let's try Democracy for $400.
Rod: Democracy for $400. Can be done by show of hand, personally, by proxy or electronically. Catherine, you're hand went up first.
Catherine: What is voting?
Rod: Vote. Perfect. Wonderful. So she gets 400 points. Graeme, I hope you're keeping track of all of that because they're going to want to collect.
Graeme: Nothing gets by me.
Rod: Okay, perfect. So, Catherine, you're next.
Catherine: How about Condo Authority for $200.
Rod: Condo Authority for $200. Provided at no cost, it must be completed within 6 months unless it has been done in the prior 7 years. Sean Murray, your hand was up first.
Sean M: What is director training?
Rod: What is director training? Indeed. Seems like the questions are easier than I thought they would be initially. I thought that this would be like a disaster. I thought I was pushing you with the Christians and the lions. Okay, so Sean, go next.
Sean M: Go with Democracy for $600, please.
Rod: Democracy for $600. Can easily be adopted by simple majority of owners participating to a meeting. Corporations can go without it but only until May 31, 2021. Sean, your hand went up first.
Sean M: What is an electronic meeting and voting bylaw?
Rod: Denise, what do you think?
Denise: Yes.
Rod: Electronic voting bylaw. Well done.
Denise: I said that's correct. Yes.
Rod: Well done. Perfect. It seems that Toronto is sort of lagging behind here. Okay, Catherine, your hand is up. Lower your hand, please.
Catherine: Okay.
Rod: Perfect. So, Sean, next.
Sean M: We'll go with COVID-19 for $600, please.
¬¬Rod: COVID-19 for $600. Required for fitness rooms in yellow zones and up. It describes the measures being implemented to reduce COVID-19 transmission. Craig.
Craig: City limits?
Rod: No. So, Graeme, remove $600 from the Toronto team.
Graeme: Oh, it's that type of game.
Rod: Oh yeah, yeah. For sure. For sure. I see that one of the attendees at home has the answer but first we're going to ask anybody from Ottawa? Oh really? Okay, so times up. Attendees at home. Anybody wants to try? Rosie. We're going to try to allow you to speak. You should be able to turn your mic on and I would ask you to start by stating your unit number. Just kidding. So, Rosie, what's the answer?
Rosie: COVID Safety Plan.
Rod: Jason, what do you think? You're muted.
Graeme: He's nodding furiously.
Rod: Rosie, you are right. It's the safety plan. So, $600 to the condo geeks, Graeme. Well done, Rosie.
Rosie: Nice. Good job.
Rod: Well done. So the safety plan, as indicated in the question, is required in yellow zones and up, if you have a gym that has weights and machines and so on and so forth. Okay. Perfect. Let's go back to the players. I guess, who do we, I go back to Sean I guess?
Sean M: It would be me, yeah. Let's go Collections for $400.
Rod: Collections for $400. Better to give notice to avoid it being challenged. It exists automatically but is lost if not registered in time.
Catherine: What is a lien?
Rod: Well you didn't bring your hand up but I don't know. Should we give her the answer? Katherine?
Catherine: Did I not get in first?
Katherine: Your hand was raised. Her hand was raised.
Graeme: Yeah.
Katherine: And I do think it was first off the mark.
Rod: Yeah.
Catherine: Okay. Thank you.
Rod: Your mouse got in first but next time you've got to raise your hand. Okay, perfect. As long as you got the right question. Lien, that's right. Perfect. So $400 for Toronto, Graeme.
Graeme: Yup.
Rod: Okay, so we will give you the next question, Catherine.
Catherine: Let's try what's Governance for $200.
Rod: Governance for $200. In addition to diligence, skill, prudence and honesty, the other element of a director's standard of care. Interesting.
Catherine: Relying, sorry, can I answer? What is relying on the advice of professionals?
Rod: No. So we remove 200 points from Toronto. Craig, Toronto has been spent so now Ottawa, is Ottawa applying something? Ottawa is playing it safe. Gerry, go ahead.
Gerry: What is reasonableness?
Catherine: Oh, reasonableness. Okay.
Rod: No. So 200 points removed from Ottawa. We are now going to turn to the condo geeks.
Denise: I would like to give it to Catherine.
Rod: You would like to give it to Catherine?
Denise: Yes, I would.
Rod: Why?
Denise: I don't know. It was a good answer.
Rod: So, condo geeks at home. Anybody want's to try it? In addition to diligence, skill, prudence and honesty, the other element of a director's standard of care. Deena. Deena, I'll allow you to speak and you should be able to unmute yourself and let's see if that works. There it is. You're on.
Deena: Common sense.
Rod: Common sense. Yeah. No, I'm looking for the Latin version of common sense. Let me try with Susan Cartwright. Susan, I'm going to allow you to speak. Go ahead, Susan.
Susan: An absence of a conflict of interest.
Rod: Those are all good answers, by the way, but you don't get points because there's one that's actually specifically listed in, which section of the Act, Denise?
Denise: Section 37.
Rod: Section 37. So let's see, Eric. Let's see if Eric will try it. You should be able to turn your mic on, Eric. Go ahead, Eric.
Eric: Safety?
Rod: No, not safety. Nice try. Okay, well this one nobody gets. So I guess that's the first hard question. Imagine the other ones in that column. Let me give you the answer. Good faith, people.
Catherine: Good faith. Ah.
Rod: Right? Right.
Catherine: Of course. We're all a little short on that right now. We need a top up.
Rod: Okay, so who do we go back to? We go back to I guess Sean again.
Sean M: I think it was Craig now.
Rod: Oh, or was it Catherine?
Graeme: I think it's Catherine. Catherine.
Craig: Catherine.
Rod: Yeah.
Catherine: Oh, really?
Rod: Yes.
Catherine: Okay, let's try Condo Authority for $400.
Rod: Condo Authority for $400. I need to see the hands going up here to make sure. Records, pets, parking, lockers and charge backs. Gerry, your hand went up first.
Gerry: What are things that the Condo Authority will now hear?
Rod: Denise, do you agree with that?
Denise: The Tribunal. Yup, I would give it to him.
Rod: That jurisdiction of the Condo Authority Tribunal. Exactly. So that came up recently, right, Denise? I mean the expansion was
Denise: From records to ...
Rod: October 1, I think. Okay, wonderful. So, Gerry, you get to pick the next one.
Gerry: Let's keep going. Condo Authority $600.
Rod: Condo Authority $600. Done online, and containing key information about each Ontario condo, the failure to file it on time can result in a fine. Craig, your hand went up fast on that one.
Craig: Annual returns.
Rod: Annual returns. Josee, do you agree with this?
Josee: I do and if it was asked in the form of a question it would be wonderful. <laughter> He still gets the points.
Graeme: We've got to give it to him.
Catherine: Yay, Craig.
Rod: Okay. We're going to give it. Craig, we're going to give you $600 condo dollars but next time its got to be a question.
Graeme: He's got to do it wisely.
Rod: Okay, very good. Annual return. Perfect. So that's done. Craig, what can you tell us about that? The annual return, is done between which and which dates? Do you know?
Craig: Filed by March 31. If you don't file on time there's a fine.
Rod: Right. That's the return that triggers the invoice for the assessment fee payable to the Condo Authority of Ontario. Catherine, what is the assessment fee now at?
Catherine: It's at $0.75 per unit per month.
Rod: That's right. For voting unit per month, perhaps. Wonderful.
Denise: For voting unit, I think.
Rod: That's right. Okay, so who answered that? Craig, you're next. You get to pick another question.
Craig: Let's go for COVID $1000.
Rod: COVID $1000. Oh, a big gambler here. Big gambler.
Catherine: Easy one.
Rod: After having been indefinitely extended until July 24, it ultimately came to an end on November 22, 2020. Sean.
Sean M: What was the declared state of emergency?
Rod: No. No. Craig, do you want to try that?
Craig: That was the extension for the AGMs to occur.
Rod: Right.
Craig: On November the 22.
Rod: So, minus $1000 to Ottawa. Graeme, minus $1000 to Ottawa and plus a $1000 to Toronto.
Graeme: Okay, we got a game now. We got a game now.
Denise: Good job. Yeah. Toronto's winning.
Rod: Okay.
Graeme: Unless ...
Rod: Yeah. Give us a cent, Graeme. Where's everybody?
Graeme: Alright. If we want the update do we want city points?
Rod: Yeah, yeah, for sure.
Graeme: Ottawa is in the lead with 2800 points. Sorry, I should say condo dollars. Toronto following with $1600 condo dollars and Rosie leading the pack for our attendees with $600 condo dollars.
Rod: Nice. Nice. Okay, so it's still up for grabs. Let's go back to, so who answered that? Craig, you answered that properly so you get to pick the next answer.
Craig: Condo Authority $1000.
Rod: The Condo Authority $1000. He's going for the big ones here.
Graeme: Swinging for the fences.
Rod: Yeah, okay, let's go. Between negotiation and adjudication, this second stage of a cap dispute is mandatory but not binding. Craig, your hand went up.
Craig: Mediation.
Rod: What was that?
Craig: What is mediation?
Rod: Jesus. I feel like I shouldn't give you the points because you were warned before. Let's have a vote with a show of hands from the attendees. Does he get the points? Despite not having said, so raise your hand if he gets the points. We'll do a vote here.
Catherine: Do you see my hand, Craig?
Rod: Okay, so there's 18 attendees that would give you the points. We're going to lower your hands now and we are going to ask who is of the view that we should not give him the points because he didn't say, "What is"? Raise your hand if Craig doesn't get the points.
Katherine: We work on good faith in condominiums. I think that's a very strong argument in favour of giving Craig and the Toronto team the points.
Gerry: I think it's ... early.
Rod: Okay, well.
Graeme: It was a close vote but it looks like he gets the points.
Rod: Craig, you get the points. This is the last warning, Craig.
Denise: Way to go, Toronto.
Rod: You get the points.
Graeme: You run the show with democracy.
Catherine: Way to go, partner.
Rod: Although I think Rosie had some proxies. Maybe her votes have been weighted accordingly.
Catherine: Now come on. Let's not talk about mysterious proxies.
Rod: Let's not do that. Okay, so let's go back. Let's see if you got the right answer. Mediations. So you do get the $1000 points but that's really due to the Christmas generosity of viewers. Okay, you get to pick the next question.
Craig: Let's go COVID $800.
Rod: COVID $800. With a population of 1.4 million, consisting of three municipalities, it was the first Ontario region to be moved to the red zone status. Craig, your hand is up. Be careful.
Craig: ...
Rod: What is Peel?
Craig: ... Peel.
Rod: Okay. Let's have a look. What is Peel? Peel region. Exactly. So that was the first one. Who knows who was the second one to join them? Anybody?
Graeme: Somebody in the audience.
Catherine: Toronto?
Rod: Yeah. Toronto when in there and who's there now? Do we know? How many people do we have in the red zone? Do we know?
Denise: May be a Jason question.
Katherine: Red zone includes Windsor Essex County in addition and I think that Halton is also in the red zone these days.
Rod: Jason? Do you know?
Jason: I think there's only the three but there are more coming.
Rod: At this point in the red zone we have Durham, Hamilton, Halton, Waterloo, Windsor Essex and York. I think what you were looking at, Jason, was who's in lockdown now. Remember when they added an extra colour to the rainbow when they realized that red wasn't bad enough?
Jason: Yes.
Rod: So they added a new one. Same is true for orange. I mean, orange is really stating yellow a second time. Folks, you're at yellow again. That's really what orange is.
Graeme: Extra yellow.
Rod: Extra yellow.
Graeme: ... mustard.
Rod: Okay. Who had that? Craig, go ahead.
Craig: Okay. ... the choices. Condo Authority $800.
Rod: Let's just see. Condo Authority $800. Accessible, searchable and public. Its information can only be used for a non-commercial purpose. I wasn't paying attention here. Craig, your hand is up again.
Craig: The Public Registry.
Rod: Okay. Anybody disagrees? Let's just have a look. The CAO's Public Registry. Exactly and that is my second most favourite website. That is the second one that I visit the most. Anybody wants to guess the one site that I visit the most? Anybody. Anybody.
Denise: Your own. CondoAdvisor.
Graeme: I think it's Twitter.
Rod: You're very close, Denise. It is a condo blog. But it's the last condo blog.
Denise: Ahh. You're so kind.
Rod: Because I want to know what you're blogging about. I want to know what you blog about. There it is. Okay, so let's move on. The next one. Whose playing? Craig.
Craig: Let's go for COVID $400.
Rod: COVID $400. The method used by Ontario to respond to COVID-19, it was brought to an end on July 24, 2020. Sean, your hand went up fast.
Graeme: Yeah, it did.
Sean M: ... Emergency.
Rod: The what, sorry?
Sean M: Declared state of emergency.
Rod: Okay. Let's see if we can give, declaration of emergency. I want to give some points to the attendees at home. Anybody wants to hazard a guess as to when it was declared? Anybody at home? Shenit, I think we're going to turn to you. You would get 400 points for that. I'm just making that up as we go. So, Shenit, you should be able to unmute yourself. There it is. Go ahead.
Shenit: What is March 17?
Rod: Yes! The condo geeks get an extra $400. Wonderful. Thanks so much. Okay, perfect. So, who did answer that? It was Sean, eh? Sean, you get to pick the next question.
Sean M: Go Democracy $800, please.
Rod: Democracy $800. Let me go back to the panelists because I need to see who raises his or her hand. While it can be increased with a bylaw it is reduced by apathy. Without it, business cannot be transacted. Catherine, your hand went up fast on that one.
Catherine: What is quorum?
Rod: Anybody disagrees? Quorum. Okay, I want to try to give some points to the condo geeks at home. What is the quorum required for an AGM at the first attempt? Jeanette's hand went up again. Jeanette, unmute yourself. Go ahead. Go ahead, Jeanette.
Jeanette: What is 25%?
Rod: 800 points for the condo geeks at home. Well done, Jeanette. Exactly. Do you want to try what happens if you don't meet that requirement on the third attempt? What's the quorum then? No points for that. Just glory.
Sean M: 15%.
Jeanette: It's 15%, isn't it?
Rod: 15% exactly. Okay, perfect. Let's go back to the question.
Graeme: I'm giving her one extra point for that.
Rod: To who?
Catherine: Thank you.
Graeme: Jeanette.
Catherine: Oh, okay.
Rod: Okay. Perfect.
Graeme: Oh wait. Did I miss who said it.
Rod: Yeah. It's Catherine.
Graeme: Oh. Alright, Catherine. You know what? I'll give you one point.
Catherine: Thank you, my dear.
Graeme: Jeanette, you get to keep your extra point too.
Catherine: Yeah. Thank you. Both of us. Good job.
Rod: So who was the last one to advance here. I think it was, who was it?
Gerry: Catherine.
Graeme: I think it was Catherine.
Catherine: Catherine.
Rod: Catherine?
Catherine: Yes.
Rod: It was you. Yes, go ahead Catherine. Pick the next question.
Catherine: So let's try Collections for $600.
Rod: Funny how this column is not very popular. The collection.
Catherine: Well, that's not the favourite part of our job.
Rod: What about lawyers? Denise, don't answer that question. Okay, so for $600. If it is not found in the Act or in the Declaration it cannot be collected. Sean, your hand went up fast.
Sean M: Too fast. What is arrears?
Rod: Oh, I think Ottawa just lost 600 points. Sean Cornish of Apollo is not impressed. You know what? I think Sean Murray, you just became the manager on duty on Christmas Eve. I think this just happened.
Sean M: I already am.
Rod: Okay. Very good. So the next person. Anything to add, Sean Cornish? I see that you're head.
Sean: Just I don't think Sean Murray understood this is part of his employment review. So, I am taking notes.
Catherine: Oh, that's terrible.
Rod: Catherine, your hand was up. You're next.
Catherine: I'm going to say back charge. A back charge to an owner.
Rod: I'm not going to give you those points. Toronto loses 600.
Catherine: Okay.
Denise: Why? That's the right answer.
Rod: Is it?
Catherine: Ohhh, you.
Rod: Wait a second. Let's see if ...
Graeme: Am I going to have to deduct 600 points from Denise? Don't make me do it.
Rod: Anybody at home wants to try it? For 600 points. If it's not found in the Act or in the Declaration it cannot be collected. Deena, you want to. I see it. Oh, Rosie. Rosie's hand is up. Go ahead, Rosie.
Rosie: Charge back.
Rod: Nope. Not charge back but I think I have a feeling that Denise is not going to agree with the answer. Let me see what the answer is. I forgot. Common expenses. That's the answer.
Denise: Well, you know, that is supposed to be charge back.
Catherine: I think so too which is a back charge.
Denise: It's a common expense charge back.
Catherine: Yes.
Sean M: It's arrears of common expenses.
Katherine:: I think you're just going to have to avoid that question. It was obviously an error in the question itself and not so much the answering.
Rod: I know.
Graeme: That's impossible. We make no mistakes.
Katherine: I'm also kind of siding with Sean Murray because I believe that Sean Cornish is probably an aggressive marker and I think that for his performance evaluation I want to give him those 600 points.
Denise: I want to know who wrote that question? Who wrote the answer?
Rod: Yours truly did. Charge back does not appear anywhere in the Condominium Act and I bet you arrears doesn't either. Oh, arrears does but not as the answer. It's clearly common expenses that cannot be charged back. So, let's move on. There's enough egg on everybody's face. Nobody ...
Graeme: Mr. Trebek has spoken.
Rod: Okay, what's the next question? Who gets to pick the next question? Who was the last one to have a successful question?
Catherine: We don't remember. Start over.
Katherine: You don't know?
Rod: Okay. Well, then we're going to give Rosie the change to pick the next question. Rosie, you get to pick the question.
Rosie: Do I lose points if I don't get it?
Rod: No, no, no. No, no, no.
Graeme: No, you're safe. You're safe.
Rosie: I'm going to go with Collections for $1000, please, Rod.
Rod: Oh my goodness. Perfect. Collections for $1000. Let me bring back the hand raising here because I need to see. No cheating. You require one of these to be able to charge back to a unit the legal fees the corporation incurred in a compliance matter. Gerry, your hand is up.
Gerry: A court order. A court decision. What is a court decision?
Rod: Anybody disagrees? Anybody? Denise, on which side of the Amlani fence are you?
Denise: I was going to say what is a court order?
Rod: What is a court order? Yes. So 1000 points for, who was it that answered that?
Sean: That would be Gerry.
Rod: Gerry. Ottawa. And I would have also accepted a very strong indemnity provision. I would have accepted that even though I don't think we entirely agree with that, having argued the Amlani case, but what do you say? On which side of the fence are you, Graeme?
Graeme: I tend to be on the court order side of the fence. I think there's always exceptions in different circumstances that can arise and, just like that, I lawyered my way out of having to take a stance.
Rod: Well done. Okay. So, next question is Gerry. You get to pick the next question.
Gerry: Sure. We'll do Collections for $800.
Rod: Collections for $800. Let's have a look. Is a common expense payable by all until it results from the acts or omission of the owner of the only damaged unit. Oh, that's an interesting one. Sean Cornish is dying to play.
Sean: This is just like real Jeopardy. I'm yelling at the TV.
Rod: Gerry, do you want to try it? Go ahead, Gerry.
Gerry: Let's say an insurable loss. What is an insurable loss?
Rod: So we have
Gerry: Insurable I guess if the person had a
Rod: Sadly, we have to deduct 800 points from Ottawa. Sean Cornish is getting redder by the minute. Okay, so anybody else wants to try it on the Toronto side before I turn to the condo geeks?
Denise: Am I allowed?
Rod: Nope. No, you can't play. Lawyers can't play.
Graeme: No lawyers allowed.
Rod: Okay. Well, you know what? Val from Ottawa is going to try to answer that. You should be able to unmute yourself, Val. I wonder if we can give the points to Ottawa or Toronto? I guess he's
Val: I'll root for the Ottawa team on this one.
Rod: Okay. So what's the answer, Val?
Val: What is a deductible?
Sean M: I know what it is.
Rod: What is the insurance deductible? That's it. Graeme, 800 points for the geeks. Okay, there's only 1, 2, 3, 4 questions left. Graeme, how we're doing point wise?
Graeme: Okay. So Toronto had a good second half of the game there. Toronto is now sitting at 4400 points. Ottawa at 2800 points and the condo geeks coming up with 2600 points.
Rod: Wow. Okay, that's fantastic. Perfect. So who answered that? I guess, Val, you get to pick the next question. Where are you, Val? You're going to get to pick the next question.
Val: Let's do Democracy for $1000.
Rod: Democracy for $1000. Thank you very much. In writing, if done early, verbally if in time, do it late and you are disqualified. No one. No one.
Graeme: We got a hand up.
Rod: Gerry, are you going to risk 1000 bucks? Oh my goodness.
Gerry: I know. I guess it's silly but we're losing so. What is nominating yourself to a director position?
Rod: You've lost support of Sean Cornish.
Sean: Actually I'm cheering for the geeks. Not Ottawa, so.
Rod: Oh, so Ottawa just lost 1000 points on this one. What was your answer again?
Graeme: That totally would have been my answer.
Rod: Come on, Graeme.
Graeme: Glad I'm not playing.
Rod: Okay. So let's go to Craig, from Toronto. You get to try to answer this question.
Catherine: Yes, please, Craig. Go ahead.
Craig: How to date disclosure form? What is?
Denise: What is?
Rod: What are the rules on that?
Josee: That's three.
Sean: I think that was a strike.
Denise: I say give it to him. Give it to him.
Sean: That's what you said last time, Denise. Come on.
Denise: I know. It's a fair win. We've got to be reasonable here.
Rod: Okay. So we're going to vote. Condo geeks at home, this is the third strike. I wonder if he's out. Raise your hand if Craig gets the points despite having been repeatedly warned by everybody. Raise your hand. Okay. So we are at 17 in favour of giving the points. Lower all your hands. All the good straight thinking individuals out there, if you don't want him to get the points raise your hand now. If he doesn't get the points raise your hand now. I think the attendees are like Toronto skewed or something. Oh, this is so close.
Catherine: 17/16.
Sean: Check the panelists.
Catherine: We get the points.
Rod: Yeah, it's funny that the panelists are the ones sinking you though. Okay, you get the points. Toronto gets the points.
Catherine: Yay!
Rod: You know what? I'm going to be, as the Chairperson, I'm going to make a ruling that is unappealable. Graeme, you're going to give 500 to each team on that one.
Graeme: Okay.
Rod: We're going to split it. That's the last warning for Craig there. Disclosure form, perfect. Okay, three more questions. What do we got? Where are we here? Who picks? Oh, Craig.
Josee: Craig.
Graeme: Yeah.
Rod: Yeah. Craig, you pick.
Craig: ...
Rod: Which one?
Craig: Sean has to lower his hand.
Rod: Oh yeah. Sean has to lower his hand. Sean Cornish. Perfect.
Craig: Okay. Let's go for Condo, hang on, do we have any Condo Authority? Nope. COVID $200.
Rod: COVID $200. First popularized by a phantom it is now regulated by the Province, municipalities and condo corporations. Oh come on. Even Sean's kid can get that.
Graeme: You got a hand up.
Rod: Sean, your hand is up.
Sean M: What is a mask?
Graeme: Yeah.
Rod: What is a face mask?
Catherine: Auggggh
Rod: That was easy. Come on guys.
Catherine: Wah, wah, wah.
Rod: Okay. Two more questions left. Sean, you get to pick.
Sean M: Do you like that? Go Democracy $200, please.
Rod: Democracy $200. Required to be in the prescribed form, it must be retained for 90 days or longer if the corporation receives written notice of litigation. I think the hands went up before I was done with the question but, Craig?
Craig: What is a proxy?
Catherine: You've got it.
Rod: Denise?
Denise: It's the correct answer. I'm not going to say I like the answer but it's the correct answer.
Rod: Proxies. Exactly. Last question. Denise, you forgot to say, what is the right answer. Okay, perfect. Next question. So Craig, I guess it's Collection $200. Everybody's hand down, perfect. Let me read the last question before we go to final Jeopardy. It does not have to be fair, even though some say size matters, with a bottom line of 100% it allocates common expenses between owners. Craig, your hand went up.
Craig: What is Schedule E?
Rod: Remove 200 points from Toronto. Ottawa, Sean, your hand is up.
Sean M: Schedule D. What is Schedule D?
Rod: What is Schedule D? Yes. What is Schedule D? 200 points for Ottawa. Okay.
Sean M: Am I doing okay now, Sean? I'm getting some points there on the review?
Sean: We're still talking tomorrow though.
Sean M: Okay.
Rod: Okay, so, Graeme give me the points here.
Graeme: Okay, so, Ottawa is at 3700 points. Toronto is at 4900 points and our attendees are at 2600 points.
Rod: Okay, perfect. So, folks, this is the final Jeopardy question. Do they get to gamble before they know the category or do I keep that? No I guess you get to know the category.
<drum roll>
Rod: Okay. So, Ask Me If I Can, is the category. So, each of you, you get to wage whatever you want to wage. Ottawa, you're at 3700 points so write to Graeme. Each of you have 3700 points, write to Graeme how much you want to wage on this question. Toronto, you are at 4900 points. Send a text to Graeme and tell him. Each of you have 4900 points. Send a text to Graeme and tell him how much you want to wage on this question.
Graeme: And just do it in the private chat of Zoom.
Rod: Right.
Catherine: Where's the private chat, guys? Oh. This one that says chat?
Graeme: Yup, and there's an option to send it to someone. Just pick me.
Catherine: Oh. Oh, I see. So, what's your name again? Sorry.
Rod: Graeme.
Graeme: Graeme.
Catherine: Graeme. Alright. Thank you so much.
Graeme: I sometimes go by Dancer.
Catherine: All right then. Okay. Thank you.
Rod: For the condo geeks at home, if one of you wants to play for final Jeopardy, if you've answered a question tonight you're entitled to play. You have 2600 points, and so if you want to, send a text to Graeme and tell him how much you want to gamble on this question. Just a quick question. Graeme did you hear the drum roll.
Graeme: I did, yes.
Rod: Okay. I thought I was smelling burnt toast at the same time. I thought maybe I was having a
Graeme: No, no, no. That wasn't just you.
Rod: Okay, perfect. Okay. So everybody has locked in their bet? Graeme, did you get an email from all the contestants?
Graeme: I did, in fact. Yes, I got an email from Jeanette and Rosie.
Rod: Val, you're not playing? Val is a careful, calculated individual. Where is Val? I'll give you a couple of seconds.
Graeme: Okay. I got one from Val.
Rod: Okay, perfect, and what about the players online right now?
Graeme: I'm all set.
Rod: Okay, folks. Are you ready? This is now going to be the question and you're going to have to send your answer to Graeme. Again, using the same thing. Okay, so here's the question. Sometimes on notice, sometimes not. Sometimes with a vote and sometimes not. It is done with a Resolution or by way of agreement.
<Jeopardy theme music>
Rod: Okay, folks, what is a copyright infringement? That was a delayed reaction. So do you have answers from everybody, Graeme?
Graeme: Yeah. You're just going to need to give me just a second to tabulate everything.
Rod: Okay. Well, I'm going to get the answers from them directly.
Graeme: Yeah, I trust them.
Rod: Yeah, and then the points you're going to tell me how much they waged.
Graeme: Okay.
Rod: So, let's go, just the way you appear on my screen, I guess. I'm going to start with you Catherine. Do you have an answer for us, Catherine?
Catherine: The answer I gave I don't think is correct. I said, What is a motion? But that's with a resolution.
Rod: Okay. And how much did you put on the line?
Catherine: 2000.
Rod: 2000. You had 4900. That's not the right answer. So you're at 2900.
Catherine: 2900. Yup.
Rod: Gerry, you're next on my screen. Gerry, you had 3700 points. What's your answer, Gerry?
Gerry: What is an improvement to the common element?
Rod: What is an improvement to the common elements? And how much did you put on the line?
Gerry: All of it, Rod. All of my dollars.
Rod: All of your dollars.
Catherine: Oh my God.
Rod: So you are at, Graeme are you calculating this because I went to law school because I can't do math.
Graeme: I mean, you're preaching to the choir here. I'm calculating it as fast as I can. I think, if I've done my math right, that would be 7400.
Rod: He's at 7400.
Catherine: Ohhhh. Good job.
Rod: Okay. The next in line then, Craig, what was your answer?
Craig: Probably the wrong answer. Was a board decision and I wagered all my money.
Catherine: Ohhh. All your money.
Rod: And all your money went. 4900. You are now at zero. Okay. Sean, it's not just condo dollars on the line. May be your review actually. Sean, what's your answer?
Sean: No pressure.
Sean M: What is a change to the common elements?
Catherine: Oh good job.
Rod: What is a change to the common elements? And how much did you put on the line? You had $3700.
Sean M: Yeah, I wasn't as brave as Gerry but I had $2001.
Rod: $2001 so you're at $5701. Okay. What about people at home? Let's see who did we. Did anybody play, Graeme? Did you get answers from anybody?
Graeme: I did, yes. I got answers from Rosie, Jeanette and Val.
Rod: Okay, Rosie, Jeanette and Val. So let's unmute these people. You should be able to unmute yourself. I'm going to start with you Rosie. What's your answer?
Graeme: Rosie's just still muted.
Rod: Rosie, your muted.
Graeme: There you go.
Rod: There it is. Go ahead, Rosie. What is your answer?
Rosie: I said an increase to the common element fees.
Rod: Ahh, that's not the right answer. Nice try. How much did you put on the line?
Rosie: $600.
Rod: So you're at $2000. Okay. The next one we had was Jeanette. Go ahead, Jeanette.
Jeanette: I got it wrong. I said, What is the passing of a bylaw? And I waged 1000 points.
Rod: So you are at $1600. Val, help the condo geeks here.
Val: Yeah, I also wrote, What is a bylaw? So much for ... ...
Rod: How much did you put on the line?
Val: $2600.
Rod: $2600. Your at zero. Okay. So the answer is, indeed, changes to common elements. Right? So it can be done on notice or not. When is it not on notice, Denise?
Denise: It depends if it's under 1%.
Rod: Right.
Unknown: And $1000.
Rod: So if it's below 1% and $1000 then
Sean: Safety and security.
Denise: Yes, ... resolution.
Rod: Right. So sometimes on notice, sometimes not. Sometimes it requires a vote. When does it require a vote? Anybody?
Katherine: When it's considered substantial and that could be substantial by resolution of the board or substantial within the meaning of the Condominium Act for actual cost.
Rod: Right. It can also require a vote in another circumstance.
Denise: Requisition.
Catherine: If they're changing the use of a common element it requires 2/3.
Rod: Right. Or even if it's a change on notice and then you get 15% that want to sort of
Denise: That's a special meeting and can vote against it.
Rod: Right. Exactly. Okay, so point wise, how are we doing? So Catherine, you're at 2900. Then Jeanette, you're at 1600. Val, you gambled it all, you're at zero. Craig, you gambled it all, you're at zero. Rosie, you're at $2000 condo dollars. Sean, runner up, at $5701.
Sean M: Nice.
Rod: Gerry, you are our Jeopardy champion with $7400 condo dollars.
Catherine: Good job.
Rod: Well done. Well I don't know what you guys think but I had fun.
Catherine: Yes, we all did.
Sean M: Absolutely.
Gerry: It was a blast.
Rod: Hopefully you learned something. So what I'm going to do now, as we usually do, I'm going to go around
<drum roll>
Rod: Sorry. We did this already.
Graeme: I heard that one too.
Rod: Yeah. How do I get now to my next slides?
<Jeopardy theme music>
Rod: Sorry.
Graeme: This is our life now. Okay, there.
Rod: There it is. Okay. So, I'm going to go around the table. I'm going to ask my usual partners in crime for any sort of advice before we part for the holidays. Any parting words. Any thoughts that come to mind. So I'm going to start with you Sean, alphabetical order. Blitzen, Sean, parting words before we part for the holidays?
Sean: Just really simply, stay safe, be cautious in the holiday season and looking forward to seeing everybody in the new year.
Rod: Perfect. Thank you so much. Cupid, Katherine.
Katherine: So I'm going to say the same thing. One thing that condominiums might want to do before the holidays are upon is to restate what the expectations for the common elements and for the community. There's been so much change. There's been so much jumping into and out of zones. Stating it very clearly for everybody will help set the right tone and help everybody entertain if they're able to, or eligible to, or celebrate safely. Have a great Christmas everybody and very happy new year. Health, joy and prosperity.
Rod: Wonderful. What is the Grinch? Very good. Moving on. The next person in line will be Dasher, Denise, Denise Lash of Lash Condo Law. Any parting words for the holidays?
Denise: I feel for people and the residents. I know that there's going to be a lot of pressure on boards and management to open the amenities. I can't stress that it's really important. It's not a popularity contest. You want to stay away from law suits. So the only way you're going to do that is keep the amenities closed. Happy holidays, everyone.
Rod: Nice. Thank you, Denise. I regret having wasted the Grinch analogy on Katherine now. I should have saved that. Nice. Okay, Vixen, Jason Reid from the National Life Safety Group. Any piece of advice for the holidays?
Jason: I do. I have some bad news and some good news. Let's start with the bad news. We have seen an increase in residential building fires in the last 10 days, I would suggest. So my immediate take aways are if you can an immediate communication to every resident in your building reminding them to check their smoke alarms. One of the recent fatalities is going to be soon identified that as a major cause. So on that note I do wish you, and your residents, and you and your families, a very happy holiday and make sure that you still celebrate. It's going to look different but I wish you all the best.
Rod: So with this public announcement about fire prevention what is chestnut roasting on an open fire? Thank you, Jason. Moving on to Comet, nice, Josee Deslongchamps, our national ... comment. Any parting words.
Josee: Yup. Absolutely. Take care of that due diligence. Make sure the ice and the snow is taken care of while you have more people than usual in your buildings. Keep your sense of humour. Try not to get upset with people when they complain. Take care of your snowbirds if they're staying in your condo now for the first time in a while. They haven't seen snow in a while. They don't know what your site looks like in the winter. Cut them slack but do keep your sense of humour.
Rod: Okay. So the advice you gave about snow and salt and sand, that was really for Ottawa. For the Toronto people, if there's snow, what is the Canadian Armed Forces? For $200. Moving on, our national Dancer, the twin, Graeme.
Graeme: Okay. So I guess I got two points of wisdom. One, please stop setting so many fires everybody. And number two, during this time, whether it's virtually if need be, or together just make sure to remind your friends and family that you love them and that you're here with them. On that vein I will send out a shout out to my twin, my partner in the crime, the Prancer to my Dancer, David, hope you're doing well and looking forward to seeing you at the next one, hopefully.
Rod: Okay. Wonderful. Thank you so much. Well, that's about it for us folks. I don't think I can add anything to that. What a year. What an incredible year. I actually was preparing my year to talk about something else and then on March 17 everything just came to a screeching halt and we came up with new precautions and new directions and new advice and new categories to our blogs and that really took a life of its own. But here we are. We've made it. We've survived. We're resilient people and we sort of accepted, for the most part, to follow direction and advice and that's what's going to make us see each other again next year, and next month, and the one after that. Very important I think to, of course, wash your hands, wear a mask and all that good stuff, but what a year it's been. Wow. So, I decided that our next webinar is not going to be on the first Wednesday of the month, even though it says that. It's not going to be on the 6. It's going to be on the 13. So don't pay attention to what you see on the screen. Listen to the voice. It's going to be on the 13 because the 6 is just too early. That is still within Christmas. Okay, and you know how it's going to work. The information's going to be, oh my goodness. There it is again. Am I the only one that hears the music?
Josee: Yes.
Graeme: This time it is just you.
Rod: Okay. So you know how it works. If you want to register you need to click on the webinar tab at the CondoAdvisor and that's going to allow you to register and suggest any topics you may have in mind. So there it is. Take care everybody. Good night. See you next year.
Catherine: Thank you. It was fun. Bye bye.
Thanks, everybody, great job. Sean, I see you had somebody helping you.
Sean M: Maybe my number one fan. I'm not sure.
Rod: Nice.
Sean: We still love you, Sean.
Sean M: Thank you. Thanks, Sean.
Rod: Well done, everybody. Thanks so much everybody. Thanks for all of your time and expertise in all of our webinars all year. This is incredible. I can't believe we managed to pull through this. So thank you very much to all of you.
Sean M: Thank you.
Sean: Thank you, Rod.
Jason: Bye everybody.
Rod: Take care. Bye.