Release date: November 8, 2021

Condominium Authority Seeks Feedback About Potential
Changes to Tribunal’s Rules of Practice

In light of the upcoming expansion of the Condominium Authority Tribunal’s jurisdiction on January 1st 2022 into disputes about noise, odours, smoking, vapours, light, and vibrations, the Condominium Authority of Ontario is seeking the public’s input regarding: 1) Whether and when legal fees should be awarded to a party, and 2) Whether some CAT disputes should proceed by way of a hybrid model of combined Mediation-Arbitration.
 
The Legislative Committee is aware that the issue of whether a party’s legal fees incurred in retaining a lawyer or paralegal to represent it in a CAT proceeding is quite a contentious one. Currently, the CAT’s Rules of Practice contain a default presumption against the awarding of party’s legal fees unless exceptional reasons exist. With the CAT’s upcoming expansion of jurisdiction on January 1st 2022, the CAO appears to be reviewing this issue of legal costs.
 
The Legislative Committee is also aware that currently, a CAT proceeding has 3 distinct stages: Stage 1 of negotiation where the parties try to negotiate with each other, Stage 2 of mediation where a CAT Member attempts to assist the parties in resolving the matter with each other, and Stage 3 of adjudication where the CAT Member decides the issues in dispute for the parties. The CAO appears to be considering whether some CAT disputes might be better served by a hybrid approach of combining mediation and adjudication together.
 
The CAO has published an online survey for members of the public to fill-out anonymously regarding these 2 topics, which is available on the CAO’s website. The deadline for such public feedback is Monday November 15th, 2021.

CCI is committed to providing regular ongoing updates regarding all legislation concerning condominiums, in order to keep our members abreast of changes they need to be aware of.