The CAT’s Jurisdiction

The CAT’s Jurisdiction
To determine whether a dispute can be brought to the Condominium Authority Tribunal (CAT), two key questions need to be answered: (1) who are the parties to the dispute? and (2) what is the subject matter of the dispute?

The CAT has jurisdiction over disputes involving owners, residents, condominium corporations, mortgagees, and purchasers. However, an occupier (such as a tenant) is not permitted to start a CAT application. If the dispute involves a declarant/developer, contractor, consultant, or manager, it cannot be brought to the CAT.

The CAT has exclusive jurisdiction over disputes relating to the condominium’s records, unreasonable nuisances, annoyances or disruptions (including noise, odour, light, vibrations, smoke, and vapour), provisions in a condominium’s declaration, by-laws or rules that prohibit or restrict unreasonable noise, odour, light, vibration, smoke, or vapour, provisions that govern pets or other animals, vehicles, parking and/or storage, and any other type of nuisance, annoyance, or disruption to an individual in a condominium corporation. Disputes relating to provisions that govern indemnification or compensation related to any of the above disputes falling within the CAT’s jurisdiction can also be brought to the CAT.

The CAT does not have jurisdiction over disputes related to easements, occupiers’ liability, condominium liens and priority issues, prohibited conditions and activities, amalgamation or termination, determination of title to any real property, an order requiring a person to vacate a property permanently, a claim for oppression under section 135 of the Condominium Act (unless the “heart” of the dispute falls within the CAT’s jurisdiction), modifications to common elements, and any other dispute not falling within the CAT’s jurisdiction noted above.

It is important to bring disputes to the correct forum to avoid wasting time and expenses, and to avoid the risk of a costs award against you for bringing the dispute to the wrong forum. The CAT generally provides a faster outcome for a lesser cost compared to proceeding to Court or by way of mediation/arbitration under Section 132 of the Condominium Act.