Part 1 —A Layman ’ s Insight into CAT Cases
Let me preface this article with “ I am not a lawyer ”. The information herein is drawn from the legislative authorities as well as cases that have appeared before the Condominium Authority Tribunal (CAT). The Protecting Condominium Owners Act, 2015 is the Act to amend the Condominium Act, 1998 , to enact the Condominium Management Services Act, 2015 and to amend other Acts with respect to condominiums. Here we are many years later, legislation continues to be introduced. While so many have embraced the condominium lifestyle (some with trepidation), they have neglected to build on their knowledge of that is essentially necessary for them to know to safeguard their investment. There is much information readily available to owners, boards, managers and all those who work in the industry; including from the legislative regulators, being the Condominium Authority of Ontario (CAO) and the Condominium Authority Tribunal (CAT); the Condominium Management Regulatory Authority of Ontario (CMRAO); and the Association of Condominium Managers of Ontario (ACMO) who support condominium management professionals toward improving the quality of services.
Trish Kaplan , CCI (Hon’s) is the current part-time Administrator for the chapter; having served in the position from April 2003 to September 2010. She received the CCI Distinguished Service Award from CCI National in November 2006. Trish served as a director on the chapter board from 2010-2015 and was subsequently returned to the position of Administrator. Trish is a condominium owner, served as a director of the corporation she resides in for a time and is a retired condominium manager. Her experience in the different areas of condominium continues to be a benefit to the chapter and its members.
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CCI has its own expertise as well. We so often benefit from our local owner/directors, professional and business partner members who so generously share their expertise to CCI in numerous ways – by their articles and their presentations and the support they contribute so we can share it with you. Sharing of expertise is carried out from members across our province and nationally. Social media is also a great source of information. Check us out and like us on social media.
You can only be astonished at how much you can learn from reviewing CAT cases. The CAT is a fully online Tribunal that deals exclusively with disputes between condominium corporations and unit owners.
The cases are posted on our social media on Mondays, aptly called Legal Matter Mondays. There are takeaways from every case that can provide value. The jurisdiction of the CAT is established under Ontario Regulation 179/17 (the Regulation) and they may dismiss an application under Rule 19.1 of the CAT ’ s Rules of Practice because the issue does not fall within the CAT ’ s jurisdiction.
CCI Review 2021/2022 - 4 May 2022 Page 20
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