ACMO Blog

Get Ready for the CAT!

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Get ready! The new year is bringing new jurisdiction and an expansion from the CAT. As of January 1, 2022, the Condominium Authority Tribunal (CAT) will be once again expanding their jurisdiction to include:

• Disputes regarding unreasonable nuisances, annoyances or disruptions, including those involving noise, odour, light, vibrations, smoke, and vapour. 
• Disputes involving provisions in a condominium corporation’s governing documents that govern or restrict the issues noted above. 
• Disputes regarding the right to indemnification or compensation with respect to the issues noted above. 

Here is what you need to know:

The CAT is here to stay. This recent expansion is in line with the CAT’s overall objective to capture as many condominium-based disputes as possible.  Below are a few quick points about the CAT and its new expanded jurisdiction:

• The new Section 117(2): The CAT’s expanded jurisdiction will be based on the upcoming amendments to section 117 of the Condominium Act, 1998.  These amendments are slated to take effect on January 1, 2021.  Excerpts of the “new” section 117(2) of the Condominium Act, 1998, and section 26 of the Regulations, (both of which outline the list of prohibited nuisances) are set out below:   

117 (2) No person shall carry on an activity or permit an activity to be carried on in a unit, the common elements or the assets, if any, of the corporation if the activity results in the creation of or continuation of,

(a) any unreasonable noise that is a nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation; or

(b) any other prescribed nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation. 

26. For the purposes of clause 117 (2) (b) of the Act, each of the following is prescribed as a nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation if it is unreasonable:

1. Odour.
2. Smoke.
3. Vapour.
4. Light.
5. Vibration.

• The provisions referred to above only apply when a nuisance is considered “unreasonable”.  In this regard, when a manager or condominium corporation is dealing with one or more of these nuisances, it is imperative to ensure that all complaints received from residents are properly verified and documented by the condominium corporation’s staff.  Doing so will likely assist the condominium corporation’s case in the event they find themselves proceeding in the CAT. 
• CAT typically does not award legal costs to a successful party in a CAT case, unless it is found that there are “exceptional reasons” to do so.  Therefore, depending on the nature of the dispute, it may be prudent and more economically sensible for condominium corporations to attempt to resolve disputes prior to proceeding with an adjudication in the CAT.
• Even with the CAT’s expanded jurisdiction, there may be circumstances where a dispute should not proceed in CAT, but rather, should proceed by way of mediation/arbitration or in court.  We suggest that the condominium corporation’s legal counsel be contacted to confirm the proper forum and jurisdiction for a particular dispute. 

We expect that the CAT’s jurisdiction will continue to grow, and therefore, all managers and condominium corporations are encouraged to familiarize themselves with the general processes and rules of the CAT, especially as we move towards the new year.  

Here we go!

Francesco Deo, B.A. Hons., J.D., is a lawyer at Deo Condominium Lawyers and is focused on all areas of condominium law, litigation, and governance.  He can be reached at fdeo@deocl.com.