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Condo living is unpredictable and there’s always something new…yet I write about chargebacks, indemnity clauses and Amlani all too often. The law is settled: condos cannot charge back enforcement-related costs – specifically legal letters – without a court order, despite how any indemnification provisions are drafted. As the CAT and Courts have reaffirmed:

It is

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An owner brought a CAT application alleging she was experiencing unreasonable noise from a common element garage grate and unreasonable noise, odour, smoke and  vapour from a common element industrial vent.  At Stage 3, the condo made a preliminary submission that the CAT did not have jurisdiction to hear the dispute because it was a…

Parties seeking costs awards from the CAT must understand that the Tribunal has the discretion to award costs: even if a party is entirely successful on their claim, there is no guarantee it will receive its full costs, if any. In January 2022, the CAT published a practice direction which informs the public how the…

Last month, we blogged about the importance of having clear and concise governing documents. A recent CAT decision highlights the value of communicating rules to residents and how poor communication might lead to unnecessary disputes.

In this case, the CAT dismissed a dispute relating to the “communication of rules” because it had no jurisdiction…

The Condominium Authority Tribunal (“CAT”) and Superior Court operate on virtual platforms, with CAT hearings typically concluding via written argument.  These forums have their own rules and directions and, occasionally, comments from adjudicators to guide process.  This decision from the Superior Court comments on using written materials efficiently and to win in modern practice.

Gone…

Although the CAT’s jurisdiction has been expanded since its inception, the CAT’s decision in Brady v. PCC 947 is a reminder that disputes outside section 117(2) of the Condo Act will likely be dismissed even though owner-applicants have succeeded in other forums.  

A unit owner brought a CAT application against the condo corporation for banging…

A recent CAT decision considered whether a condo’s claim for indemnification for legal costs in issuing a compliance letter was reasonable and whether the owner was required pay it.

The condo issued a compliance letter to the owner citing multiple incidents of noise, nuisance and harassment and demanded the owner reimburse the condo for the cost of the letter. The owner requested the security incident reports that allegedly supported the compliance letter but paid the condo’s requested costs after receiving a second notice of intent to lien. The owner challenged the chargeback and argued that the action taken by the condo in sending the letter without any warning was unreasonable and so were the costs.…

Continue Reading Compliance costs must be reasonable – prove it or lose it

In November 2017, the Condominium Authority Tribunal (“CAT”) was born as Ontario’s first fully online tribunal.  “How would we manage this weird new thing?” we thought.

What started as a records dispute venue has now evolved into a place for pets, vehicles and storage and, most recently, unreasonable nuisances, annoyances or disruptions.

With the growth of the subject matter, we also see a slow but promising trend in cost recovery.  For a few years no costs were ordered for defending or bringing applications except in very, VERY rare circumstances.

The CAT can award costs up to $25,000.

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Continue Reading CAT – a study of growth in a consent order (and costs against an owner)