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Nuisances, Annoyances and Disruptions: CAT Jurisdiction Expanding

Author: 
Stephanie Sutherland, LL.B.
Publication date:
November 24, 2021
Article Summary: 

The Ontario government has announced that the jurisdiction of the Condominium Authority Tribunal (CAT) will be expanded from January 1, 2022, allowing it to hear disputes related to "unreasonable nuisances, annoyances, or disruptions" under the Condominium Act, 1998. The expanded jurisdiction will cover issues such as noise, odour, light, vibrations, smoke, and vapour. However, there are concerns within the condominium legal community about the CAT's ability to handle these matters efficiently and fairly, especially regarding the assessment of witness credibility and the need for expert evidence. The CAT's current Rules of Procedure may not allow for full recovery of legal costs even if a condominium corporation is successful in its CAT matter.

Keywords: 

Condominium law, Condominium Authority Tribunal, CAT jurisdiction, unreasonable nuisances, annoyances, disruptions, noise, odour, light, vibrations, smoke, vapour, legal representation, expert evidence, witness credibility, legal costs, procedural challenges, condominium community.




Source Citation: 
Stephanie Sutherland, LL.B.
Nuisances, Annoyances and Disruptions: CAT Jurisdiction Expanding
November 24, 2021
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