The Introduction of Nuisance & the Expansion of the CAT: Should Further Amendments Be Considered?

This article discusses the proposed changes to the Condominium Act, 1998 by the Ministry of Government and Consumer Services in Canada. The changes would introduce a new section 117 and expand the jurisdiction of the Condominium Authority Tribunal (CAT). The Canadian Condominium Institute (CCI) has submitted its comments to the government regarding these proposals. The CCI's Legislative Committee suggests that additional clarity is needed in defining terms such as "nuisance," "annoyance," and "disruption." The committee also comments on the internal process before access to the CAT, cost awards, multiple fora for the same dispute, and the increase in the volume of disputes. The proposed amendments will have a significant impact on how disputes in condominium settings are resolved.