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CONDOMINIUM AUTHORITY TRIBUNAL EXPANSION: HOW WILL IT AFFECT DIRECTORS?

By PRADEEP CHAND, Founding Partner

Effective January 1, 2022, the Condominium Authority Tribunal’s (“CAT”) jurisdiction has expanded to include disputes regarding nuisances, annoyances or disruptions on condominium premises. This definition will now include noise, odour, light, vibrations, smoke and vapour, as well as nuisance and related indemnification provisions in condominium governing documents.

This expansion comes as a result of amendments to Ontario Regulation 48/01 under section 117 the Condominium Act, 1998 . Originally, the CAT’s jurisdiction was limited to disputes involving condominium records, pets, vehicles, parking, storage, and related indemnification.

When it was first introduced, many condominium board members and directors felt that the jurisdiction of the CAT was limited, and orders made by the CAT could be ignored without consequences. As a result, there has been a trend of condominium management refusing to go away, as decision held in cases such as Tharani Holdings Inc. v. Metropolitan Toronto Condominium Corporation, 2020 ONSC 189 (CanLII) and Gale v. Halton Condominium Corporation No. 61, 2020 ONSC 5896 (CanLII) illustrate the Superior Court of Justice’s willingness to enforce CAT orders that are not complied with by condominium management. In Tharani Holdings, the tenant brought the matter to the Superior Court of Justice in order to enforce a CAT decision. The court ordered the condominium management corporation to pay $14,715.91 in costs for refusing to comply with the CAT order . Similarly, in Gale, an appeal was made regarding the tribunal’s misapplication of the law, in which the Divisional Court moved to dismiss and uphold the original CAT decision .

The above cases highlight the importance of the Condominium Authority of Ontario (“CAO”) in condominium disputes resolution and the consequences of not taking its jurisdiction seriously. As a result, the announced expansion of the CAT is a welcome one for tenants, who see the CAT as a more accessible platform for condo dispute resolution as an alternative to the traditional route of litigation. Stay tuned to see how these changes will affect condominium management.

At Chand & Co., we have many years of experience in condominium disputes and litigation. If your condominium management has an ongoing CAT application and you require expert help in resolving it, please contact us. Whether the matter concerns unreasonable requests, difficult tenants, or condominium records, we are well equipped to defend your interests and provide results.

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