A Look Back at CAT Cost Awards in 2022

In 2022, the Condominium Authority Tribunal (CAT) amended its Rules of Practice regarding the award of costs in condominium-related disputes. Previously, the CAT rarely awarded costs, but the amendment allows for more flexibility in awarding costs against a party whose behavior was unreasonable, undertaken for an improper purpose, or caused a delay or additional expense. However, full legal costs are still not commonly awarded by the CAT. The article provides examples of cases where the CAT awarded costs and emphasizes the importance of condominium corporations ensuring their Declarations contain appropriate indemnification provisions, attempting to resolve disputes before commencing CAT applications, and maintaining clear and concise communications. Additionally, streamlining the process for record requests can help avoid unnecessary CAT proceedings and potential penalties or cost awards against the condominium corporation.