Condominium Authority Tribunal (CAT): What Condo Owners Need to Know

Living in a condominium can be convenient, but disputes with a condominium corporation, board, property manager, or another resident can sometimes become frustrating and complicated.

You may have questions about condo rules, pets, parking, noise, records, smoke, odours, or other nuisances.

In many of these situations, the Condominium Authority Tribunal (CAT) may be able to help.

But an important point is often overlooked:

Not every condominium dispute belongs at CAT.

Knowing where to take your dispute can save you time, money, and unnecessary frustration.

What is the Condominium Authority Tribunal?

The Condominium Authority Tribunal (CAT) is an online tribunal that handles certain types of condominium disputes in Ontario.

CAT was created to provide a relatively accessible way for condo owners, corporations, and other eligible parties to resolve disputes without going through traditional court proceedings.

CAT can deal with certain disputes involving:

• Condominium records

• Pets and animals

• Parking and vehicles

• Storage

• Noise

• Smoke and vapour

• Odors

• Light

• Vibrations

• Other prescribed nuisance-related issues

The exact jurisdiction of CAT is determined by Ontario's condominium legislation and regulations. (Condominium Authority of Ontario)

Not Every Condo Dispute Goes to CAT

This is one of the most important things to understand.

The Condominium Authority of Ontario (CAO) identifies several matters that CAT cannot deal with, including repair and maintenance disputes. (Condominium Authority of Ontario)

For example, imagine that an elevator in your building is malfunctioning and causing vibrations in your unit.

The issue may sound like a "vibration dispute," but if the real issue is that the condominium corporation has failed to repair or maintain the elevator, the dispute may be about repair and maintenance, rather than a CAT nuisance claim.

The CAO specifically identifies vibrations caused by an outstanding repair or maintenance issue, such as an elevator requiring repairs, as an example of a matter CAT cannot deal with.

So where do repair and maintenance disputes go?

There is no single answer.

Depending on the circumstances, a repair or maintenance dispute may involve:

• Small Claims Court, particularly where the claim is for money within the court's monetary limit;

• Superior Court of Justice, including certain applications seeking compliance with the Condominium Act;

• Mediation or arbitration, where required or appropriate; or

• Another legal process depending on the nature of the claim.

For example, if you are seeking monetary compensation within Small Claims Court's jurisdiction, Small Claims Court may be an option. If you are seeking a particular compliance order under the Condominium Act, the Superior Court may be the appropriate forum.

The important question is not simply "Is this a condo dispute?" but "What is the dispute about, and what remedy are you seeking?"

How Does the CAT Process Work?

CAT generally has three stages.

1. Negotiation

The parties first have an opportunity to try to resolve the dispute themselves through CAT's online system.

2. Mediation

If the dispute is not resolved, the case can proceed to mediation, where a CAT mediator helps the parties try to reach an agreement.

3. Tribunal Decision

If the dispute still cannot be resolved, it may proceed to a Tribunal decision.

The CAT Member will consider the evidence and arguments and issue a decision or order.

CAT decisions can be legally binding, so you should take the process seriously.

How Much Does CAT Cost?

CAT's current fees are relatively modest:

Stage	Fee
Filing	$25
Mediation	$50
Tribunal Decision	$125
Total if all three stages are used	$200

These fees are separate from any legal fees you may incur if you choose to have a lawyer or paralegal assist you. (Condominium Authority of Ontario)

Do I Need a Lawyer or Paralegal?

You do not have to hire a legal representative to use CAT.

You can represent yourself.

However, professional assistance can be helpful if you are unsure about:

• Whether CAT has jurisdiction

• How to respond to an application

• What evidence you need

• How condominium rules apply to your situation

• What arguments to make

• Whether you should settle

• Whether another court or dispute-resolution process is more appropriate

Sometimes, the most important legal advice is knowing where not to file your case.

What If Your Problem Is Repairs or Maintenance?

This is where getting advice early can be particularly important.

If your dispute involves repairs or maintenance of your condominium unit or common elements, CAT may not be the appropriate forum.

Depending on your circumstances, you may have a potential claim through Small Claims Court, Superior Court, mediation, arbitration, or another legal process.

At Apuntar Legal Services, we can review your situation and help you understand your options.

If your matter involves a repair or maintenance claim that requires a lawyer, Apuntar Legal Services can also refer you to a lawyer who specializes in condominium repair and maintenance disputes.

Our goal is to help you get to the right legal professional and the right forum for your particular situation.

How Apuntar Legal Services Can Help With CAT Matters

If your dispute falls within CAT's jurisdiction, Apuntar Legal Services may be able to assist with:

• CAT jurisdiction assessment

• Preparing a CAT application

• Responding to a CAT application

• Preparing evidence

• Preparing written submissions

• Settlement negotiations

• Mediation

• Representation before CAT

We can also help you determine whether CAT is actually the appropriate place to pursue your dispute.

Don't File in the Wrong Forum

A condominium dispute can involve different laws, different remedies, and different courts or tribunals.

Before filing a CAT application, it is worth asking:

Does CAT have jurisdiction over my dispute?

And if it does not:

Where should I take my claim?

At Apuntar Legal Services, we can help you understand your options and, where appropriate, connect you with a lawyer specializing in the specific condominium issue involved.

Have a condominium dispute? Contact Apuntar Legal Services to discuss your situation and your options.

This article is for general information only and is not legal advice. The appropriate forum and legal remedy depend on the specific facts of each case. Laws, regulations, fees and Tribunal procedures may change.