Legal

September 10, 2025 Published by Toronto and Area Chapter - By Marc Bhalla

Three Paths Forward

From the Summer 2025 issue of CCI Toronto Condovoice Magazine.

The journey to dispute resolution is not the same for every issue

“Fit the forum to the fuss.”
– FRANK SANDER

At a conference across the pond in 1976, Professor Frank Sander presented a paper titled, “The Varieties of Dispute Processing”. It highlighted the idea that not every issue should take the same path to resolution. This idea endures to this day, particularly in Ontario’s condominium sector, where one size does not and should not fit all when it comes to resolving disputes.

Several factors should be considered in deciding the appropriate path for your dispute resolution journey. The suitable cost of addressing the matter, how quickly resolution is needed and if the law directs the matter to a specific dispute resolution path are all important to consider.

The Condominium Authority of Ontario’s integrated ecosystem for addressing condo issues includes an array of early dispute resolution resources. Working together to resolve differences offers great value when issues arise in the condo environment. Particularly when folks continue to have ongoing interactions, this offers the chance to save not just time and cost, but also the relationship.

The CAO’s Guide on Communication and Conflict Resolution is available free online and provides support. Self-help resources of this nature promote working together in the spirit of community. While the nature of issues impact the path of dispute resolution, collaborative measures can be attempted before embarking further along any dispute resolution path.

Path 1: the Condominium
Authority Tribunal

When outside help is needed, the CAT encourages disputes to be addressed collaboratively. This process entrenches negotiation and mediation as standalone stages. Even if a dispute has to go all the way to an adjudicator for a decision, the Tribunal is designed to help for a fraction of the time and cost of conventional litigation. Its online forum also offers the convenience of participating from the comfort of your home or office.

The Tribunal currently has jurisdiction over disputes about:

1. Condominium Records
2. Compliance with CAT Settlement Agreements
3. Provisions in a condo corporation’s governing documents involving pets and animals, vehicles, parking and storage
4. Nuisances, annoyances, or disruptions or provisions in a condo corporation’s governing documents regarding noise, odour, light, vibrations, smoke and vapour
5. Any other type of nuisance, annoyance or disruption set out in provisions of a condo corporation’s governing documents
6. Provisions in a condo corporation’s governing documents involving indemnification or compensation relating to points 3, 4 and 5 above

A CAT case occurs over a series of events rather than all-at-once, making it easier to participate alone or with support. To assist those participating without legal representation, the CAO offers a free Guide for Self-Represented Parties. Since it was published on February 5, 2025, the CAO Guide for Self-Represented Parties has proven quite popular, amassing over 75,000 views by March 31, 2025.

Path 2: Private Mediation/Arbitration

Another path leads to private mediation, and if needed, arbitration. This is directed by section 132 of the Condo Act and covers:

1. Disputes about agreements between condos and:
   • Declarants
   • Other condos
   • Condominium management service providers
   • Owners, about alterations made to common elements
2. Disputes about the first-year budget developed by the builder, involving them and the board
3. Disputes between condos and owners about the condo’s governing documents that are beyond CAT jurisdiction
4. Disputes about the installation of electric vehicle charging systems and associated agreements

While private mediation and arbitration can be flexible, and offer confidentiality it is typically more expensive than going to CAT and can take longer, especially if arbitration is needed.

Path 3: Court

A third path exists for the most serious of issues. For example, it is the courts that address situations where a condo seeks to remove an owner or resident from the premises. Section 117(1) of the Condo Act says activities that are likely to damage property or cause injury / illness must be directed to the Ontario Superior Court of Justice. Claims of oppressive treatment and disputes directly related to the Condo Act – as opposed to a condo’s governing documents – may also go directly to court.

This path is meant for the most consequential disputes. Having a judge decide the matter is the most formal and legalistic of the three paths outlined. It is on the journey through the courts where legal costs can be expected to be high. The opportunity to collaborate is a common trait of all three of these dispute resolution paths, encouraged early on in each journey.

While the three paths set out are often seen as the most common for dispute resolution journeys involving condos, they are not an exhaustive list. Some disputes fall under the jurisdiction of other administrative tribunals, such as the Human Rights Tribunal of Ontario and the Landlord and Tenant Board. Others are most appropriately pursued as a complaint filed with the Condominium Management Regulatory Authority of Ontario, Law Society of Ontario or other applicable professional regulators. There are also hybrid private dispute resolution processes and community-centred measures that can be utilized. While it can be important to chart out your dispute resolution journey to understand the right “forum for your fuss”, most often the best place to start is by trying to work together to resolve issues early.

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Marc Bhalla is a seasoned dispute resolution expert with 20+ years in condo law, mediation, and administrative tribunals.