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Joshy v. Toronto Common Elements Condominium Corporation No. 2385 - 2023 ONCAT 4 - 2023-01-09

Corporation:

JTCECC 2385

Date:

2023-01-09

Under:

CAT Decisions - Dismissal Order

Summary:

In the case of Joshy v. Toronto Common Elements Condominium Corporation No. 2385, the Condominium Authority Tribunal (CAT) issued a Dismissal Order on January 9, 2023. The Applicant filed an application disputing an issue related to the modification of a parking spot's curb, alleging that the Respondent refused the modification request despite obtaining a building permit. However, the CAT determined that this matter did not fall within its jurisdiction as it did not pertain to provisions in the condominium corporation's governing documents that govern parking. The CAT's jurisdiction is defined by Ontario Regulation 179/17, and it cannot address issues outside of this scope.

Verdict:

Verdict and Lesson:
In the case of Joshy v. Toronto Common Elements Condominium Corporation No. 2385, the Condominium Authority Tribunal (CAT) issued a Dismissal Order, emphasizing the importance of understanding the CAT's jurisdiction. The Applicant's dispute about modifying a parking spot's curb, which was governed by an agreement under section 98 of the Condominium Act, fell outside the CAT's defined jurisdiction, as it did not relate to the condominium corporation's governing documents. The CAT's jurisdiction is strictly determined by Ontario Regulation 179/17. Therefore, applicants should ensure their disputes align with the CAT's jurisdiction, focusing on issues related to the condominium corporation's governing documents to avoid dismissal. Understanding the regulatory framework is crucial when seeking resolution through the CAT.

Takeaways:

Takeaways:

The CAT's jurisdiction is strictly defined by Ontario Regulation 179/17, and it can only address issues within this scope.
Applications that do not clearly relate to provisions in a condominium corporation's governing documents may be subject to dismissal.
Disputes related to agreements under section 98 of the Condominium Act, 1998, may fall outside the CAT's jurisdiction.
Applicants should ensure their disputes align with the CAT's defined jurisdiction to avoid dismissal.
Understanding the specific regulations and laws governing condominium-related issues is essential when seeking resolution through the CAT.

Recommendations: 

Recommendations:

Applicants should thoroughly review the CAT's jurisdiction as defined by Ontario Regulation 179/17 to ensure their disputes fall within the scope of the tribunal.
When filing an application, make sure the issues raised are clearly connected to provisions in the condominium corporation's governing documents.
Seek legal advice or guidance if there is uncertainty about whether a dispute falls within the CAT's jurisdiction to avoid potential dismissal.

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