Elevator problems in Ontario co-ownerships

July 11, 2019 – There are many problems with elevators in Ontario co-ownerships. One of the main concerns they generate is logistical, due to a shortage of elevator technicians in this province. Moreover, it is very common for service calls to require a delay before someone can come to make the required repairs.

The Ontario government has taken steps to partially address this situation by introducing Bill 109, the Reliable Elevators Act, 2017, which has now passed second reading in the Legislative Assembly of Ontario.

Trapped for hours

Nevertheless, some elevator problems, which have been identified in co-ownerships in recent years (in Ontario), continue to be at the heart of difficult situations. The case of a co-owner trapped in an elevator is a good example. The latter had taken a legal recourse against his syndicate and the manufacturer of the elevator in question, but the judge had found the defendants not liable in this case.

Recently, there have even been several reports of elevators being mishandled by occupants and their guests, creating untimely breakdowns. These people were trapped there for hours. Surveillance cameras revealed that they caused this shutdown due to sudden movements.

Dancing or dancing in an elevator: not recommended

It can be a jump or a sudden gesture, for example a dance movement that causes an elevator to stop. We even saw a father who, to distract his daughter, jumped in the elevator where he was. These people are not malicious, however, the fees of a technician to make the required repairs often exceed $1,000. These works may be invoiced to individuals at fault, pursuant to a by-law provided for in the declaration of co-ownership.

It is in the interest of co-ownership directors to communicate with residents to inform them of the rules to follow regarding the use of common portions, particularly elevators. This advice also applies to Quebec co-ownerships.

To learn more about the policies related to elevators in Quebec, click on these hyperlinks: Elevators + RBQ.

By François G. Cellier for Condolegal.com
Source : Lash/Condo Law