Why We Celebrate Pink Shirt Day

Today, Normac invites you to wear pink and address bullying in an intentional and meaningful way. Leading up to Pink Shirt Day, our staff have been working on a campaign to open the conversation on bullying and help raise funds for programs that counter bullying behaviour. Heres what a few of our team members have to say: 

What is Pink Shirt Day?

Pink Shirt Day is an international movement with Canadian roots. It all started with a small act of kindness. 

 

Travis Price and Davis Sheppard were high school students in a small town in Nova Scotia when they noticed a Grade 9 student being bullied for wearing a pink shirt. Moved by the incident, the pair decided to take a stand by encouraging other students at their school to wear pink in solidarity with the boy who had been bullied. 

 

The response they got was remarkable. Out of 1,000 students attending their school, 850 got on board and wore pink. The movement quickly gained media attention and spread to neighbouring schools and well beyond. Fast forward to years later, pink-themed events are celebrated worldwide as part of anti-bullying initiatives. 

Why Should You Care?

While the majority of preventative measures target bullying in schools, bullying continues well into adulthood. According to a 2020 study 57% of English-speaking older adults in Ontario have been bullied in the last 4 months. Another study identified that 40% of Canadian workers experience bullying on a weekly basis. Add in normal-than-average screen times to the mix due to COVID-19 and you the perfect ecosystem for increased cyberbullying.

Bullying is a widespread issue that we can all take some responsibility for. Thankfully, it is also something we can all take part in ending. As we continue to feel the repercussions of isolation from the COVID-19 pandemic, we need to rely on each other more than ever. 

 

At Normac, workplace wellbeing has long been at the top of our list. While we strive to be the best at what we do through service excellence and quality of performance, we aim to treat our staff just as highly. In a time of remote work, we continue to encourage meaningful interaction and team-building activities within our internal team through various virtual social events. Some of our past events include: a murder mystery escape room, office olympics, and an online Christmas scavenger hunt – including a charcuterie care package sent to all team members across Canada! We also promote self-care among our team through a health & fitness challenge and recently implemented an employee reward and recognition program. This is because we firmly believe that creating a positive, supportive, and healthy work culture can lead to growth opportunities both for our people and our business. 

Team Normac on one of our bi-weekly social Zoom calls celebrating Pink Shirt Day.
Getting Involved on Pink Shirt Day

Join us in taking a stand against bullying. Here are some ways to get you started:  

  • Donate to the Normac Giving Group. Normac is committed to creating an inclusive workplace, and we believe that these skills begin in childhood. 100% of the proceeds go towards charities that cultivate self-esteem and healthy relationships among youth.  
  • Wear pink and share online with the hashtag #PinkShirtDay and #LiftEachOtherUp to help raise awareness.  
  • Buy an official Pink Shirt Day t-shirt at over 80 London Drug stores across Canada. Money made from the sale of Pink Shirt Day t-shirts goes directly to the cause.
  • Above all else, remember to be kind to somebody today. Kindness is always a good place to start, and you just never know what somebody is going through at any given moment.

As we are reminded by the people wearing pink today, a little bit of empathy can go a long way. 

Shared Facilities Agreements: Recent Changes to the Ontario Condo Act

History of Shared Facilities Agreements

When the Ontario Condominium Act was first registered in 1968, it served one main purpose – to provide a set of rules and guidelines for owners of a single condominium to live harmoniouslyHowever, when more than one condominium corporation share assets, this creates a need for different condominiums to get along with each other and can prove to be quite challenging. The recent amendments to the Condominium Act (1998) are meant to provide clarity for these shared assets.

As written:

21.1 Subject to the regulations, if any of the following persons or any combination of them share or are proposed to share in the provision, use, maintenance, repair, insurance, operation or administration of any land, any part of a property or proposed property, any assets of a corporation or any facilities or services, they shall enter into an agreement that meets the prescribed requirements and shall ensure that it is registered in accordance with the regulations. 

This means that for any group of condominiums that share assets, a Shared Facilities Agreement (SFA) must be created. These agreements are designed to provide a framework for determining cost sharing for the assets. 

What is the Root Cause Behind this Recent Change?

Unfair cost allocations have been front and center around what once was a vague iteration of how to split the costs of shared facilities. Previously, under section 113 and 135 of the Act: 

  1. Under Section 113, which states that where a corporation has entered into a SFA prior to the turn-over meeting, then within 12 months following the election of a new board at such turn-over meeting, any party to the SFA may make an application to the courts to amend or terminate the agreement if (a) disclosure of the terms of the SFA was inadequate or (b) the agreement produces a result that is oppressive or unconscionably prejudicial to the corporation or any of the owners;

     

  2. The more general provision, Section 135, which permits an application for the oppression remedy by an owner, corporation, declarant, or mortgagee of a unit. 

Toronto Standard Condominium Corp No 2130 v York Bremner Developments Ltd, 2016 ONSC 5393[1] (“York Bremner”) brought to the forefront some of the frustrations that many condominium corporations faced when it came to Shared Facilities Agreements.

 

In this case, the Court found that York Bremner’s conduct rose to the level of oppression due to unclear disclosure of the terms of the Shared Facilities Agreement. It was determined that the declarant had used unfair terms that was self-favouring and that it was not clearly stated who the Common Facilities Manager was – who would have been solely responsible for managing and allocating the costs for the shared facilities. It is interesting to note that prior to this case, there had been no jurisprudence on the interpretation of Section 113, therefore the case had gone on the basis of first principles. The case has been appealed to the Court of Appeal by the declarant since then. 

Determining Replacement Cost for Shared Facilities

Due to the recent change in the Condo Act, we have received many requests to appraise shared facilities and we expect many more as more condominiums realize that their shared assets must have such an agreement. As insurance appraisers, we are called upon to determine a replacement cost estimate for the shared assets because insurance of those assets is one of the requirements.   

 

We have witnessed a huge variety in the scope and complexity of these Shared Facility Agreements. We have seen simple agreements where two condominiums share a recreational building and the proportionate share of maintenance, repair and so forth is determined by a simple percentage split. We have also completed appraisals on very complex shared facilities where the proportion of responsibility for specific assets such as HVAC systems, pools, amenity rooms, and elevators vary between the corporations but also vary for each asset. As appraisers this means we are tasked with relatively simple jobs in some cases but very complicated jobs in other cases, requiring specific line-item valuations for each asset. 

We have witnessed a huge variety in the scope and complexity of these Shared Facility Agreements.  In some cases, very complicated jobs require specific line-item valuations for each asset. 

The appraiser skill and experience required to do a good job therefore is quite unique for these shared facilities. Before we quote on these jobs, a thorough review of the agreements and other documents must be done to estimate the number of days that will be required. Upon approval, a property inspection takes place and an inventory along with photographs are obtained. Following that, the research into reasonable replacement costs for the assets are done and an appraisal report is created and sent to the client. 

 

Hiring a qualified insurance appraiser can help you check the insurance requirement off your list. An appraisal will help provide clarity of coverage to the different corporations and will help reduce conflicts that may arise.