CAT Should Award Legal Fees

The Condominium Authority of Ontario (CAO) is currently investigating whether legal fees should be awarded in Condominium Authority Tribunal (CAT) cases. Although CAT’s jurisdiction was recently expanded to include disputes beyond record-keeping cases, condominiums should take advantage of this opportunity to persuade CAO to award legal fees to the successful party, especially in cases of proven nuisances. CAT’s Costs Rule No. 45, which deviates from the normal litigation process, has resulted in no costs awards in records cases except in exceptional circumstances. If legal fees are not allowed by CAT, offenders may have little incentive to comply with condominium requirements, making it more difficult for condominiums to enforce compliance with their rules.