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ONCAT dispute-adjudicating JURISDICTION IS WIDENING - OCTOBER 1 2020 2020/08/26 20:21  
Ontario's Condominium Authority has announced that effective OCTOBER 1 2020 the Province is widening the jurisdiction for ONCAT the Authority Tribunal to hear disputes.

Covid 19 disruptions clearly encourage ODR online resolution processes as already at ONCAT, but the civil justice system has itself been forced to take steps in that direction at least temporarily. After two years of 'records disputes only' at ONCAT, this widening was not surprising.

See O.Reg 179/71 prescribed pursuant to Ontario’s Condominium Act 1998 S.O. 1998 ch C19

( One can expect that there will still be room left for lien abuse & voodoo charge-backs where some condo corporations may think they are some sort of civil justice system above the law ).

Within the Reg itself, the new scope is indicated to fall short of serious injury /damage scenarios & disputes about recharging electric vehicles.

Also left beyond CAT jurisdiction will be disputes turning on Section 98 so-called CEMA common element modification agreements where such presumably might be involved in the pets / parking / storage scenarios.

The three categories of OFF LIMITS could leave some serious stuff unresolved or for the courts to sort out. Or less civilized outcomes . . .

Xcrpt from the Aug 26/20 CAO announcement "Regulatory changes pave the way for Expansion of the Condominium Authority Tribunal” expansion-of-the-condominium-authority-tribunal/

". . . . . What does the CAT’s expanded jurisdiction include?

Beginning October 1, 2020, the CAT can accept applications related to certain disputes about provisions in the corporation’s governing documents (i.e. the corporation’s declaration, by-laws, or rules) relating to:

• Pets and other animals,
• Vehicles
• Parking and storage
• Indemnification or compensation charges (only for charges related to disputes about the items above)
O. Reg. 179/17, which sets out the CAT’s jurisdiction under the the Condo Act, will be amended to include these types of disputes.

( there appears to be ? some sort of omission or grammatical misfire in the following text of the CAO announcement : a missing conjunction needs to be inserted. There also is an infestation of commas, although such is merely stylistic . . . )

( resuming the CAO announcement : )Currently, owners and condo corporations involved in these types of disputes must go through mediation/arbitration (section 132 of the Condo Act) insert : AND sometimes seek the issuance of a compliance order before the Superior Court of Justice (section 134 of the Condo Act).

However, from October 1, 2020, the CAT will assume exclusive jurisdiction over these disputes (section 1.42 of the Condo Act).

Therefore, instead of going through mediation, arbitration or the courts, these disputes will now come exclusively to the CAT.

. . . ( insert - in addition to records access disputes as currently ) The CAT is unable to accept an application if the dispute does not deal with provisions in a corporation’s governing documents that deal with pets or other animals, vehicles, parking and storage, or related indemnification/compensation provisions.

. . . . . .Where can I learn more?

The CAO will be releasing more information over the next few weeks, including:

• Updates to the CAO’s Guided Steps to Common Issues, including guidance to owners and condo corporations on how they can resolve these issues proactively;
• Revised templates for owners and condo corporations to communicate about these issues; and
• Interactive checklists to help people file applications with the CAT.
The CAO is pleased at the opportunity to expand our dispute resolution service to owners and condo communities across the province. . . " - unquote from the CAO announcement
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