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The Condo Authority Tribunal’s decision in Rahman v. PSCC 779 is the first of its kind under the Tribunal’s expanded jurisdiction. The case provides a strong warning against condos seeking to unilaterally impose costs against unit owners.
The Tribunal held that it had authority to hear this matter – a dispute concerning parking and indemnification…
Unit owners occasionally request records about past and current litigation. This can happen in the context of a condo’s AGM, a debate with management or a seemingly benign records request. When is it okay to provide such records?
The CAT recently clarified that when litigation is settled or fully concluded and the record is not solicitor-client/settlement privileged, a record may be examined and produced: the fact that the record relates to litigation is not a reason to refuse access.
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Continue Reading Condo litigation records may be produced after litigation ends
The CAT’s decision in Abou El Naaj v. Peel Standard Condominium Corporation No. 935 reflects a problematic trend of condos failing or refusing to participate in Tribunal proceedings. We do not recommend ignoring a CAT application… Just like real live cats, they don’t go away by simply ignoring them.
We understand why condos might not…
The Condominium Authority Tribunal recently granted an order under Rule 4.5 of its Rules of Practice for the first time since its inception. Rule 4.5 states:
If the CAT finds that a Party has filed a vexatious Application or has participated in a CAT Case in a vexatious manner, the CAT can find that Party…
Approximately two months have passed since the CAT’s jurisdiction expanded beyond condo record requests to include disputes regarding, pets, parking, vehicles and storage and chargebacks related to such issues. However, the CAT has yet to release a decision dealing with these new topics. It may take some time for cases involving expanded jurisdiction issues to wind through the CAT’s online dispute resolution system. In the meanwhile, enjoy Part 2 of our deep dive into record disputes (Part 1, here).
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Continue Reading Key take-aways from the CAT’s record request decisions – Part 2
Check out our latest issue of our newsletter Condo Alert! – V8.I4 Autumn 2020 – for case commentary on:
