What Disputes Over Nuisances Will Mean For Condos

The Condominium Authority Tribunal of Ontario (CAT) is an

BY NATALIA POLIS

online dispute resolution system that helps resolve certain condo-related disputes. CAT opened its doors back in 2017 and

currently has jurisdiction over disputes pertaining to records requests, pets and animals, vehicles, parking and storage, settlement agreements and indemnification or compensation relating to these disputes.

As of January 1 2022, the CAT will expand its jurisdiction to include disputes pertaining to the amended Section 117 (2) of the Condominium Act, 1998 (the Act) and provisions that prohibit, restrict or otherwise govern any other nuisance, annoyance or disruption of an individual in a unit, the common elements or the assets, if any.

The prescribed nuisances will include unreasonable noise, odour, smoke, vapour, light or vibration. Currently these nuisances would be handled through either mediation/arbitration under Section 132 of the Act or a court application.

Whether the above-noted activities are “unreasonable” would be determined on a case-by-case basis. For instance, in noise-related disputes, corporations would assess the frequency, timing and volume of the noise as well as the nature of the noise. With many owners working from home since COVID-19, common household noise has increased and it is important for corporations and resolved or adjudicated in a shorter time.

Although the filing fees to commence the CAT proceeding are substantively less than mediator/arbitrator fees or court filing fees (totaling $200), condos can still incur significant costs if they choose to be represented by legal counsel. With that said, the CAT’s rules of practice currently permit condos to be represented by paralegals, directors, licensed managers or by anyone else exempt from Law Society’s licensing requirements.

On a final note, the CAT will not be expanding its jurisdiction to include “dangerous activities” under section 117(1) of the Act. These disputes will remain in the jurisdiction of the Superior Court of Justice; however, the provision will be amended to include any activity that is likely to damage the property or assets or to cause an injury or an illness to an individual. 1

condo owners to remember that living in such proximity, regular household noise is generally permissible and may not be considered unreasonable.

Before a corporation commences an application before the CAT, it is important to provide the offending owner or resident the opportunity to rectify or stop the activities that are deemed to be unreasonable or a nuisance.

So, what does the CAT’s expanded jurisdiction mean for Ontario condos?

Condos will now have to commence or respond to applications before the CAT on the above-noted disputes. The CAT is generally a more streamlined, faster and cost-effective dispute resolution system than proceeding to either mediation/arbitration or to court. As the CAT is entirely online, a proceeding before the CAT commences as soon as the application is approved, and the parties join. This system avoids the backlog of the courts, especially due to COVID-19 delays, and disputes are oftentimes either Natalia Polis is an associate at Lash Condo Law.