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Ontario Condo TRIBUNAL decisions online 2018/07/11 15:52  

and unlike their notorious Landlord & Tenant Board counterpart adjudications, these identify the disputants by name. Or at least for now. . .

Thank you for this public service you folks at : Canadian Legal Information Index and Law Societies including the Law Society of Ontario

The identifier citation for "Condominium Authority Tribunal - Ontario" is ONCAT
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smart reading for condo beefers : Ontario Condo TRIBUNAL decisions online 2018/07/14 19:51  
Another slam-dunk

Amongst these initial five adjudications - at this stage records violations only - issued by Ontario's new condo dispute tribunal, ONCAT has rejected a condo records complaint by dissenting owner Ms Manorama Sennek.

A self-represented lawyer, she has chosen a way to rock the boat that apparently has made her plenty of enemies . . .

The Chair rules that although such new tribunal ONCAT is NOT bound by prior conventional ( civil court ) designations of "vexatious litigant" status, here the magic wand can be waved "free-standing". ie unique to this Tribunal.

On those grounds, her beefs can thus get themselves once more pre-empted from any consideration.

The Tribunal's Chair lists those grounds in spite of the condo corporation's outright admission of relevant Act violation ( para 17 here and wider 14-17 ) in a Small Claims Court on Feb 19 2016.

The corporation confessed - in judicial process - that it had outright failed to comply with the then-applicable Condominium Act's list of compulsory record keeping, so couldn't be held "refusing" access ! !

So lawyer Ms Sennek would eventually get herself ordered to undergo a mental exam & stripped of the civil right of litigating against her condo corporation without prior judicial approval.

( More at Directors Item SENNEK v Carlton C.C. # 116 )
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Re:smart reading for condo beefers : Ontario Condo TRIBUNAL decisions online 2018/08/19 18:07  
So, it looks like the industry has unit owners exactly where they want us with the new CAT. Kept in the dark and fed bulls*t. Sad!
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Ontario Condo TRIBUNAL decisions online 2018/08/21 18:23  
I have come to believe that private Tribunals may deliver the fairest ( or commensurate party-specific ) outcomes, but many landlords & development challengers could credibly disagree.

One interesting CAT development is the early ruling that the mere list of unit owners is disclosurable. One prior ruling against Mr Lahrkamp had generated that adjudicator's ruling that they were not so.

Worth watching closely.

As a L&T Board & OMB appellant I have found the Tribunal experience a repeated challenge. But guess its time has come for Ontario and B.C.

I suspect that both in Canada and the U.S.A. Building Scheme lower court adjudications have tended to be notoriously unfair to appeals by plot/lot owners or victims of HOA oppression too. See Wychwood battle . . .
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Marc Bhalla commends parties for settled disclosure at Condo TRIBUNAL 2018/10/03 13:04  
At ONCAT Member adjudicator/ highly respected mediator Marc Bhalla commends disputants for pre-emptively resolving appeal by full disclosure.

So the Tribunal experience actually CAN sometimes ennoble

( If alleging a shortfall of mere procedurals, why torture applicants after payment by withholding what they probably have full rights to receive as a matter of property & civil rights ? )

Yingying Liu & T.S.C.C. # 2329, 2018 ONCAT 9 issued Sep 13/18
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