With the introduction of the Condominium Authority Tribunal (“CAT”) and its continuously expanding jurisdiction, many condominium corporations may be wondering what the proper forums are for their disputes. Should we proceed in CAT? By Mediation and Arbitration? Or in Court?
See the chart below to find out:
Type of Dispute
Dispute Resolution Forum
1. Disputes relating to specified nuisances, annoyances or disruptions, including:
2. Disputes about provisions in a condominium corporation’s governing documents that prohibit, restrict or otherwise govern the above activities, or any other type of nuisance, annoyance or disruption to an individual in a condo corporation.
3. Disputes relating to provisions in a condominium corporation’s governing documents prohibit, restrict or otherwise govern:
4. Disputes about provisions in a condominium corporation’s governing documents that govern the indemnification or compensation related to the above-noted topics.
5. Disputes about provisions in a condominium corporation’s governing documents.
CONDOMINIUM AUTHORITY TRIBUNAL
1. Disputes relating to the following agreements:
2. Disagreements between the condominium corporation and the owners with respect to provisions in the the declaration, by-laws or rules.
Presumably, if the disagreement relates to any of the topics covered in CAT’s jurisdiction (set out above), then the parties should proceed to CAT. Conversely, if there is a dispute relating to the provisions of your condominium corporation’s declaration, by-laws or rules, but that dispute is not covered by CAT’s jurisdiction, then mediation and arbitration may be appropriate.
MEDIATION AND ARBITRATION
An application to court may be appropriate where the condominium corporation is seeking to obtain an order enforcing compliance with any provision in the Condominium Act, 1998 itself, the declaration, the by-laws, the rules or an agreement between two or more corporations for the mutual use, provision or maintenance or the cost-sharing of facilities or services of any of the parties to the agreement.
Importantly, if your dispute falls under the CAT’s jurisdiction or is appropriate for mediation and arbitration, then the condominium corporation may be required exhaust those processes first, prior to proceeding in court.
2. Oppression remedy:
An application to court may also be appropriate when the conduct of an owner, a corporation, a declarant or a mortgagee of a unit is or threatens to be oppressive and/or unfairly prejudicial.
3. Various matters relating to declarants, including failure to deliver turnover documents within the prescribed timeframes, disclosure statements, etc.
4. Liens and common expense recovery.
5. Small claims (under $35,000.00).
IMPORTANT: Please note that the above chart is intended merely as an abbreviated summary of some of the jurisdictional considerations and requirements under the Condominium Act, 1998. Since every dispute is different (facts may vary from case-to-case), all condominium corporations must consult their solicitors when considering which legal dispute resolution mechanism is applicable to their scenario.
Please contact Deo Condominium Lawyers if your condominium corporation needs assistance in determining the proper dispute resolution forum, or if guidance is required throughout any of these dispute resolution processes.