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Wei v. Toronto Standard Condominium Corporation No. 2297 - 2022 ONCAT 129 - 2022-11-23

Corporation:

WTSCC 2297

Date:

2022-11-23

Under:

CAT Decisions - Dismissal Order

Summary:

In the case of Wei v. Toronto Standard Condominium Corporation No. 2297, a dismissal order was issued by the Condominium Authority Tribunal (CAT) on November 23, 2022. The applicant had submitted an application related to issues with her condominium corporation. However, the CAT proposed to dismiss the application for being outside of its jurisdiction. The issues raised by the applicant were related to common expense fees, chargebacks, and a records dispute. While these issues may have been disruptive or annoying for the applicant, they did not fall under the CAT's jurisdiction, which is limited to addressing specific types of nuisances, annoyances, or disruptions defined in governing condominium documents. The applicant was informed that a separate records application could be filed if it fell within the tribunal's jurisdiction.

Verdict:

Quick Verdict/Lesson:
The case of Wei v. Toronto Standard Condominium Corporation No. 2297 was dismissed because the issues raised did not align with the Condominium Authority Tribunal's (CAT) jurisdiction, which is limited to addressing specific types of nuisances defined in governing condominium documents. It emphasized that the CAT's authority is based on these specific criteria, and issues falling outside this scope cannot be considered under its jurisdiction.

Takeaways:

Takeaways:

The CAT's jurisdiction is defined by specific types of nuisances, annoyances, or disruptions outlined in governing condominium documents.
Disputes related to common expenses and chargebacks that do not align with defined nuisances may fall outside the CAT's jurisdiction.
Applicants should ensure their disputes clearly relate to issues within the CAT's jurisdiction to avoid potential dismissals.
Records-related issues, if within the CAT's jurisdiction, should be filed as a separate application.
Communication with tribunal staff is essential to determine the appropriate filing for specific issues.

Recommendations: 

Recommendations:

Applicants should thoroughly review the CAT's jurisdiction criteria and ensure their disputes clearly relate to defined nuisances, annoyances, or disruptions outlined in governing condominium documents.
When filing applications, it's essential to provide a clear and concise problem description that demonstrates how the issues align with the CAT's jurisdiction.
If an application involves multiple issues, some of which are within the CAT's jurisdiction and others that are not, consider filing separate applications to address each issue appropriately. Seek guidance from tribunal staff when needed.

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