1 - ( see also : Sep 23/21 “Important Changes to the Condo Act and Expansion of the CAT Happening in 2022” by lawyer Mohiminol Khandaker ( associate - Davidson Houle Allen LLP - Ottawa ) https://dhacondolaw.ca/condo-law-news/important-changes-to-the-condo-act-and-expansion-of-the-cat- happening-in-2022/


2 Amongst just announced upcoming at Ontario's CAO CONDOMINIUM AUTHORITY including widening of ONCAT ( TRIBUNAL ) JURISDICTION :

CAT Jurisdiction Expansion and Consultation ( https://www.condoauthorityontario.ca/tribunal/cat-jurisdiction-expansion-and-consultation/
)

" . . . . . On September 23, 2021, the Ministry of Government and Consumer Services also announced that the CAT’s jurisdiction will be expanding effective January 1, 2022 to include:

• Disputes about unreasonable nuisances, annoyances or disruptions set out under section 117(2) of the Condominium Act, 1998 (the “Condo Act”) and in Ontario Regulation 48/01 (O. Reg 48/01). This includes disputes involving:

1. Noise
2. Odour
3. Light
4. Vibrations
5. Smoke
6. Vapour
• Disputes about provisions in a condo corporation’s governing documents (i.e., its Declaration, By-laws or Rules) that prohibit, restrict or otherwise govern these activities, or any other type of nuisance, annoyance or disruption to an individual in a condo corporation.
• Disputes about provisions in a condo corporation’s governing documents (i.e., its Declaration, By-laws or Rules) that govern the indemnification or compensation related to these disputes.

The CAT will receive jurisdiction over these disputes as the government will be:

1. Proclaiming the amendments to section 117 of the Condo Act;

2. Amending O.Reg. 48/01 to set out a list of prescribed nuisances, annoyances or disruptions for the purposes of new clause 117(2)(b) of the Condo Act. This list will include disputes regarding unreasonable nuisances, annoyances or disruptions:
•
1. Odour
2. Smoke
3. Vapour
4. Light
5. Vibration

Note: Noise is not a prescribed nuisance in O. Reg. 48/01, but it is already listed in section 117 (2) of the Condo Act, so the CAT would also be receiving jurisdiction over noise disputes.

3. Amending Ontario Regulation 179/17 (O. Reg. 179/17) to expand the CAT’s jurisdiction to include these disputes.. . . " - UNQUOTE

3 - more to come . . . . eg ONCAT beginning resolution of mis-liening will alter the options for LIEN appellants.

And what are the range of lessons from ONCAT outcomes so far ? ?

Not legal advice.

1 - I haven`t seen the above issue in ONCAT`s Stage 3 published Orders so far.

2 - But if nuisance vexation ( NOISE ETC ) will become addressed, one can expect some owner v owner applications more common. Looking for a parallel at ONCAT`s western cousin tribunal . . . .

A pair of concurrent June 30 2021 Orders issued by British Columbia`s Civil Resolution Tribunal show that ONCAT`s western cousin CAN ISSUE Orders resolving disputes solely between strata owners.

( at BC`s tribunal : I notice twin Orders issued same day June 30/21 involving the same disturbers :

one got Small Claim process - Chu et al v Sefat et al 2021 BCCRT 723 https://canlii.ca/t/jgpph


one separately got ( B.C. ) Strata Property Act process incl enforcing fines ( illegal overtly in Ontario without illegal mis-liening ) The Owners, Strata Plan BCS2498 v. Sefat, 2021 BCCRT 722 https://canlii.ca/t/jgppc )


3 - A clever young lady at CAO ( Haifa ) - thanks very much - about ONCAT jurisdiction relevantly points out the following ``jurisdìctional`` without prejudice within Ontario`s Condominium Act 1998 https://www.ontario.ca/laws/statute/98c19#BK54


xcrpt . . . Proceedings / Applications

Same, by owner or mortgagee

1.36 (2) Subject to subsection (4), an owner or a mortgagee of a unit may apply to the Tribunal for the resolution of a prescribed dispute with the corporation, another owner or an occupier or a mortgagee of a unit. 2015, c. 28, Sched. 1, s. 6

again : Thanks for the alert response