Judicial review of CAT decision not available before exhausting Condo Act appeal

The Divisional Court of Ontario dismissed a condo corporation's application for judicial review of a CAT decision because the corporation did not exhaust its right of appeal under the Condo Act. The dispute involved a unit owner's use of a designated accessible parking space, and the CAT decided that the corporation was not entitled to charge the owner for the costs of enforcing the parking issue. The Divisional Court recognized that the Legislature's intention was for CAT decisions to be appealed and not submitted for judicial review. The corporation must now bring a motion to extend time to properly bring its appeal under the Condo Act.