Nuisances, Annoyance, or Disruptions? Take it up with the CAT

The Condominium Authority Tribunal (CAT) in Ontario, Canada has had its jurisdiction expanded to include certain nuisances as of January 1, 2022. The new legislation prohibits any person from carrying on an activity in a unit or common element of a corporation that causes unreasonable noise, odour, light, vibrations, smoke or vapour that is a nuisance, annoyance or disruption to an individual. The CAT's jurisdiction has also been expanded to include disputes about the governing documents related to other types of nuisances, annoyances or disruptions. The CAT does not have jurisdiction over disputes related to dangerous conditions or activities, which continue to be heard by the Superior Court of Justice. There has been talk of amending the CAT's rules regarding cost recovery during disputes as the current rules limit cost recovery even where condominiums are successful in proving an owner has not complied with the documents, which discourages proceedings.