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.


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

We saw “condo meeting” cases before the court in 2021, seeking procedural directions or injunctions to stop them.

For each case that made it to a judge, more cases were negotiated between condo lawyers and owner lawyers, at a cost to both parties. The negotiations often aimed for meeting transparency from notice through vote tabulation.

The Condo Act is silent on many issues management, boards and owners face in navigating meeting minefields.  We turn to rules of order, past practice and common sense.  Here are some of the common questions and issues we have recently encountered.


Continue Reading Condo meeting minefields

A recent CAT decision about smoking rules contained the following in its introduction:

“ … this Tribunal has identified concerns with the use of the term “grandfathering” generally, as its origins are problematic, notwithstanding its long-standing social usage. The Tribunal believes that the term “grandfathering” is better understood as creating “legacy” provisions. However, the term

In February 2021, the provincial Home Construction Regulation Authority (HCRA) became responsible for licensing and regulating home builders and sellers in Ontario. This was previously overseen by the Tarion Warranty Corporation (TARION).

The HCRA sets standards for competence and conduct while TARION continues to oversee warranty claims and complaints relating to new construction.  HRCA also