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TW Cross Investments Ltd. v. Peel Standard Condominium Corporation No. 1052 - 2021 ONCAT 58 - 2021-06-28

Corporation:

TCIPSCC 1052

Date:

2021-06-10

Under:

CAT Decisions - Motion Order
Pets and Animals
Procedural Issue with Governing Documents

Summary:

In the case of TW Cross Investments Ltd. v. Peel Standard Condominium Corporation No. 1052, the Condominium Authority Tribunal ruled that it had jurisdiction to hear the applicant's dispute. The applicant alleged that the respondent did not follow the requirements of the Condominium Act, 1998, when amending a provision of its declaration related to animals. The respondent had brought a motion to dismiss the application, arguing that the Tribunal lacked jurisdiction. The Tribunal rejected this argument, stating that the right to apply to the Tribunal is not determined by whether an owner's name appears on a corporation's Record of Owners and Mortgagees, and the Tribunal has jurisdiction to consider disputes related to provisions of declarations, even if the focus is on procedural matters.

Verdict:

The Condominium Authority Tribunal ruled in the case of TW Cross Investments Ltd. v. Peel Standard Condominium Corporation No. 1052 that the Tribunal indeed had jurisdiction to hear a dispute even when it involved procedural aspects of condominium governing documents. The Respondent's argument that the Applicant lacked standing due to a change in corporate name was rejected, and it was confirmed that the right to apply to the Tribunal is determined by ownership of a unit, not an appearance in the Record of Owners and Mortgagees. The Tribunal also clarified that its jurisdiction covers disputes related to provisions of declarations, including procedural elements, and a focus on process does not preclude its consideration in determining the validity of a provision.

Takeaways:

Jurisdiction of the Condominium Authority Tribunal: In the case of TW Cross Investments Ltd. v. Peel Standard Condominium Corporation No. 1052, the Condominium Authority Tribunal ruled that it had jurisdiction to hear the applicant's dispute, even when the focus of the dispute was on procedural matters related to the condominium's governing documents.

Standing of the Applicant: The Respondent had argued that the Applicant had no standing to file the application because they failed to notify the corporation of a change in their corporate name. However, the Tribunal rejected this argument, stating that the right to apply to the Tribunal is not determined by an owner's appearance in the Record of Owners and Mortgagees but by their ownership of a unit.

Scope of Tribunal Jurisdiction: The Tribunal's jurisdiction extends to disputes related to provisions of declarations, even when the focus is on procedural aspects, and the Tribunal can consider matters related to the validity of such provisions.

Dispute Specifics: The case involved an amendment to a condominium declaration, allowing for the operation of a veterinary clinic in units, which the Applicant alleged did not follow the requirements of the Condominium Act, 1998.

Continuation of the Hearing: The Respondent's motion to dismiss the matter was denied, and the hearing would proceed, allowing the Applicant's concerns regarding the declaration to be addressed through the Tribunal process.

Recommendations: 

Ensure Proper Record Keeping: Condominium corporations and their management should maintain accurate records of unit ownership, including changes in corporate names, to avoid disputes related to owner eligibility and standing.

Legal Consultation: When facing disputes over condominium governing documents, it's advisable for both parties involved to seek legal counsel or advice to better understand their rights, responsibilities, and the jurisdiction of relevant bodies like the Condominium Authority Tribunal.

Review Governing Documents Carefully: Owners and condominium corporations should review their governing documents, including declarations, by-laws, and rules, with attention to detail. This helps identify potential issues or conflicts that may require resolution through the appropriate legal channels, such as the Condominium Authority Tribunal.

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