Michael Spears

Michael has more than 35 years of experience in advising condominium corporations and helping clients navigate the dispute resolution process. He collaborates with them to gain a clear understanding of their issues and concerns with a view to achieving a practical and cost-effective solution.

Michael takes pride in his work as an advocate. He has established significant legal precedents in condominium law (please see below for a sample of his reported cases). He strives to obtain the best possible results for clients, whether through negotiation, mediation, arbitration, in the courts or before administrative tribunals (such as the Ontario Municipal Board and the Ontario Human Rights Commission).  Our clients reach out to Michael for assistance in dealing with contentious issues, including construction deficiencies, shared facilities disputes, first year deficit claims, and claims before Tarion (formerly known as the Ontario New Home Warranty Program).

When he’s not at the office, Michael can be spotted with his wife walking their beloved golden retriever. Michael also loves golfing with his two sons. He looks forward to recharging after a week’s work by spending weekends at the cottage. Regrettably, he is also a long suffering Leafs fan.

Practice Areas

• Condominium Law
• Litigation + Dispute Resolution

Education

• Admitted to the Bar of Ontario – 1978
• University of Western Ontario, Faculty of Law, LL.B. – 1976
• University of Western Ontario, Faculty of Social Science, B.A. in Political Science – 1973

Professional Involvement

• Certified Specialist in Civil Litigation, Law Society of Upper Canada (1994 - present)
• Instructor, Civil Litigation, Ontario Bar Admission Course (1998 - 2006)
• Director and Legal Counsel, Canadian Orthopedic Foundation
• Member, Refugee Committee, Fairlawn Avenue United Church
• Professional Member, Canadian Condominium Institute (Toronto & Area Chapter)

Sample of Reported Cases

• Ackland v. Yonge-Esplanade Enterprises Ltd. [1992] O.J. No. 2093 (ONCA), which established the meaning of “prescribed rate” of interest under the Condominium Act and clarified the obligation of the developer to pay interest on deposit at the prescribed rate
• Metropolitan Toronto Condominium Corp. No. 850 v. Oikle [1994] O.J. No. 3055 (Ont. Gen. Div.), which established that the phrase “private, single family residential dwelling” in the Declaration precludes any owner from renting out his or her unit on a short term basis for profit because such rentals are contrary to the use contemplated by the Declaration and have the potential to change the “whole flavour of the building”
• Maple Ridge Community Management Ltd. v. Peel Condominium Corporation No. 231, 2015 ONCA 520, a case in which Michael successfully defended a condominium corporation for its decision to terminate a condominium management agreement immediately for cause