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Howarth v. Halton Condominium Corporation No. 26 - 2024 ONCAT 7 - 2024-01-09




Tue Jan 09 2024 05:00:00 GMT+0000 (Coordinated Universal Time)


The case involves a dispute between the Applicant and Halton Condominium Corporation No. 26 (HCC 26) regarding the closure of the indoor pool from September to May, which the Applicant considers a major nuisance. The Respondent seeks to dismiss the application, asserting that the Tribunal lacks jurisdiction. The Applicant argues that Rule 7.2.1 of the Respondent's Rules causes a nuisance and falls under the Tribunal's jurisdiction. However, the Tribunal finds that the dispute does not fall within its jurisdiction under section 1(1)(d)(iii.2) of the Regulation, as the rule does not govern issues analogous to those listed under subsection 117(2) of the Act. The motion to dismiss the application is granted.


CAT Decisions - Motion Order
Compliance with Governing Documents
Other Type of Nuisance, Annoyance or Disruption


The Tribunal dismisses the application, emphasizing that the dispute over the closure of the indoor pool does not fall within its jurisdiction as defined by the Regulation. The ruling underscores the importance of a clear connection between the disputed provision and the specific issues enumerated in the legislation.


The Tribunal's jurisdiction is limited to specific disputes outlined in the Regulation, and not every provision in a condominium's governing documents qualifies.
Mere annoyance or disruption does not automatically bring a case within the Tribunal's jurisdiction.
The nature and character of the provision in dispute determine whether it falls within the Tribunal's scope.


Condominium corporations should carefully review governing documents to ensure compliance with applicable regulations.
Unit owners should seek legal advice to understand the specific grounds on which a dispute can be brought before the Tribunal.
The Tribunal may benefit from providing guidance on the interpretation of jurisdictional criteria to enhance clarity for involved parties.

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