Q&A: The CAT Rules on Pets! - by Laura Gurr, J.D., Kristi Sargeant - Kerr, LL.B., and Jennifer Dickenson RCM, CCI Directors
The Condominium Authority Tribunal (CAT), an online tribunal dedicated to resolving and deciding condominium- related disputes in Ontario, recently expanded its reach from disputes involving corporation records to resolving and deciding on disputes on Pets and Animals, Vehicles, Parking and Storage, and Settlement Agreements. As these are new jurisdictions under CAT’s dispute resolution, we asked two of our knowledgeable CCI Chapter Board Members who are legal counsels to share what directors and owners in condominium communities should be aware of, as we navigate these unknown waters. Kristi Sargeant-Kerr (Scott Petrie LLP) and Laura Gurr (Cohen Highley LLP) have been instrumental over these years to working closely with individual corporations and as important, to assisting us all in our understanding of new legislation and new processes. It is important to ensure corporations are accommodating residents in reasonable ways. Jennifer Dickenson of Dickenson Condo Management and Vice-President of CCI-London and Area Chapter coordinated the questions and responses to help all of us going forward. Jennifer : We’re told that the CAT is planning on hearing cases about Pet issues. Have you had any experience with any of these cases yet? Laura — As of October 1, 2020, the Condominium Authority Tribunal (“CAT”) has expanded authority to deal with issues concerning pets and indemnification clauses related to pets. The CAT is a fully online tribunal and its purpose is to address these types of disputes quickly and in a cost effective manner. In my practice, I have not yet had any cases about pets be referred to the CAT, and there are no reported
decisions from CAT dealing with pets. I believe condo corporations and managers may be waiting to see the first round of CAT cases about pets before filing compliance proceedings. In most cases, it will be faster and more economically efficient for condo corporations to commence CAT proceedings immediately, rather than sending multiple compliance letters from legal counsel. The CAT includes mandatory negotiation and mediation processes. Unlike the superior court, the CAT permits paralegals to attend, which may also keep costs lower where the condo corporation commences a CAT proceeding. Further, condo corporations can seek costs from the CAT, where
Laura Gurr, JD, is a partner with Cohen Highley LLP in London. Laura provides risk management and regulatory compliance advice to condominium corporations, unit owners, and property management companies. Kristi Sargeant-Kerr, LL.B., specializes in all aspects of condominium and real estate law, including development, management and litigation at Scott Petrie, LLP. She has been appointed to the Advisory Committee of the Condominium Management Regulatory Authority of Ontario (CMRAO) and is the secretary of the CCI London and Area Chapter Board of Directors.
cost recovery from pre-litigation compliance proceedings has been
limited by recent court decisions. Given the legal costs of pursuing compliance proceedings outside of the CAT and the limits on a condo corporation’s ability to charge back legal costs, I expect that we will see more CAT proceedings on pet issues in the next year. Kristi — I am currently at the hearing stage of a pet matter before the CAT and am acting on behalf of a
condominium corporation. The application process was relatively
straightforward, but I would certainly recommend that an applicant have all of their documents ready to upload and information regarding all of the parties involved available, including their phone numbers and email addresses, when starting an application. Throughout the process, I have been impressed by the readiness of the CAT staff and the adjudicator assigned to our matter to answer our questions and/or direct us to the appropriate CAT policies and procedures, particularly since the expansion of the CAT in October, 2020 and the fact that they have not dealt with an extensive amount
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