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The CAT ’ s jurisdiction expanded on October 1, 2022 to hear disputes about pets, vehicles, parking and storage, and settlement agreements. The CAT can also rule about chargebacks related to those issues. It expanded again on January 1, 2022 with the amendment of Section 117 (2) of the Condominium Act and amendments to O. Reg 179/19 and now has jurisdiction to hear disputes regarding nuisances.
Who is responsible for responding to requests for documents from owners inasmuch as adequate records in accordance with Section 55 (10) of the Condominium Act, 1998 that the corporation should maintain? Does the management contract include related responses to owners for records (including where redactions may be required and why) and other tribunal affairs? Who should be participating in the hearing stages of disputes raised by applicants to CAT? Owners and corporations are taking advantage of the CAT ’ s authority to ensure safety and compliance within the condominium. The option not to appear when a case is scheduled is really not an option. If one party appears the tribunal proceeds as scheduled. While a corporation has carried out their duties of enforcement of the corporation ’ s governing documents, significant delays between each of the steps corporations may take might mean that the corporation is not taking more decisive actions might be construed as the condominium corporation not be able to enforce compliance with governing documents; however, it does not negate the option of an application made to the Tribunal. Where enforcement presents an issue, as a general rule the court will enforce the rules established by the condominium and exceptions will be rare. Parties to any proceeding have a responsibility to make the hearing proceed as expeditiously as possible While the Tribunal is quite clear on the orders, it is considered important that the CAT issue an all encompassing orders to facilitate the corporation from having a replicated event where the owner pays no attention to the board.
WHAT YOU NEED TO KNOW FIRST
The CAT is part of the Condominium Authority of Ontario. It provides a forum for people to resolve condominium - related disputes through a convenient online system that produces Settlement Agreements, Consent Orders, and legally binding Decisions that everyone must follow. The CAT's legal powers come from the Condominium Act, 1998. It is committed to tribunal excellence, focussing on its users, resolving disputes fairly and efficiently, and promoting harmonious condominium communities. As an owner or a corporation, before contemplating with proceeding with a dispute via the CAT, it is important to carefully review the CAT ’ s current Rules of Practice. These Rules outline how the CAT operates, and what you need to know or do when you are involved in a dispute that comes to the CAT.
https://www.condoauthorityontario.ca/wp - content/ uploads/2022/01/CAT - Rules - of - Practice - Jan - 1 - 2022.pdf
Rule 17.1 of the CAT ’ s Rules of Practice states that the CAT can dismiss a case at any time in certain situations. These include if the CAT determines that a case is about issues that are so minor that it would be unfair to make the Respondent go through the CAT process to respond to the Applicant ’ s concerns, and where a case is about issues that the CAT has no legal power to hear or decide. Under Rule 41.1 of the Rules of Practice, the CAT will end Stage 3 and close the case if the CAT Member dismisses the case An application and the issues raised in any case brought before the CAT go through a rigorous process with a member of the CAT.
Each case is clearly reported on under Reasons for Decisions, including:
a) Introduction b) Background
What can be learned?
c) Issues & Analysis (broken down to specific issues that need to be addressed. An award of costs to be assessed is included as an issue d) Order (includes timeframes of orders and costs awarded)
Boards who are making decisions that may have a legal component should do their due diligence and discuss the matter with their legal counsel. Does the corporation have a budget line for condominium legal counsel – tribunal affairs? Does the corporation have an agreement with any law firms relating to providing legal services?
CCI Review 2021/2022 – 4 —May 2022 Page 21
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