Vexatious Litigant Seeks Decision from Condominium Authority Tribunal

A condominium unit owner who was previously declared a vexatious litigant by a court has filed an application with the Condominium Authority Tribunal seeking an order requiring the condominium corporation to pay a penalty for failing to maintain a record over a 91-month period. The corporation argued that the previous court order prohibited the owner from filing an application to the Tribunal, but the Tribunal disagreed, ruling that the prohibition on starting any proceeding “in any court” did not include a tribunal. However, the Tribunal dismissed the owner’s application, concluding that it was vexatious and had been brought for an improper purpose. The decision means that while the owner’s current application was dismissed, they are still free to commence other applications to the Tribunal unless the corporation obtains a further court order that clearly specifies that the vexatious litigant declaration and prohibition on commencing proceedings also applies to applications to the Tribunal.