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Rahman v. Peel Standard Condominium Corporation No. 779 - 2022 ONCAT 107 - 2022-10-11






In the case of Rahman v. Peel Standard Condominium Corporation No. 779 (2022 ONCAT 107), the applicant claimed that water condensation from window-based air conditioners in upper units of a condominium building was causing a nuisance. The Condominium Authority Tribunal (CAT) reviewed the application but ultimately dismissed it. The CAT found that the issues raised did not fall within its jurisdiction because they were not related to a nuisance governed by the condominium's governing documents.


CAT Decisions - Decision
Access to Records
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties


Verdict or Lesson:
The verdict in the case of Rahman v. Peel Standard Condominium Corporation No. 779 underscores the importance of understanding the specific jurisdiction and limitations of the Condominium Authority Tribunal (CAT). It teaches us that for a dispute to be considered by the CAT, there must be a clear and direct link between the alleged nuisance, annoyance, or disruption and the provisions within the condominium's governing documents.


Limited Jurisdiction of the CAT: This case highlights the limited jurisdiction of the Condominium Authority Tribunal. The CAT can only address disputes related to nuisances, annoyances, or disruptions that are explicitly governed or restricted by the condominium's governing documents.

Necessity of Clear Links: To bring a dispute before the CAT, it is essential to establish a clear link between the alleged nuisance and the provisions within the governing documents. In this case, the applicant was unable to demonstrate a direct connection, leading to the dismissal of the case.

CAT's Ruling Specific to Each Case: The CAT's decisions are specific to the facts and governing documents of each case. Prior rulings on similar matters in other condominiums do not automatically set a precedent, as each condominium may have different rules and regulations.



Review Governing Documents: Before pursuing any dispute with a condominium corporation, individuals should thoroughly review their governing documents, including the declaration, by-laws, and rules. Understanding the provisions that relate to nuisances or annoyances is crucial to determine if the CAT has jurisdiction over the matter.

Consult Legal Counsel: If there is uncertainty about whether a dispute falls within the CAT's jurisdiction, it may be advisable to consult with legal counsel experienced in condominium law. Legal professionals can provide guidance on the validity of the claim and help assess the best course of action.

Engage in Open Communication: Effective communication with the condominium corporation is essential. If there are genuine concerns related to nuisances or annoyances, it's often beneficial to engage in open dialogue and attempt to resolve the issues directly with the corporation or through mediation, where applicable, before pursuing legal action.

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