An owner brought a CAT application alleging she was experiencing unreasonable noise from a common element garage grate and unreasonable noise, odour, smoke and  vapour from a common element industrial vent.  At Stage 3, the condo made a preliminary submission…

Owners are not allowed to modify the common elements  as they please. Though owners have broader rights regarding their individual “units”, the line between “units” and “common elements” can often blur, leading to escalated disputes.

In Carleton Condominium Corporation No.

The Condo Act requires condominium corporations to insure against damage to the common elements and (standard) units that is caused by major perils such as fire or water escape. Picture this: you come home from a long day at work,…

Parties seeking costs awards from the CAT must understand that the Tribunal has the discretion to award costs: even if a party is entirely successful on their claim, there is no guarantee it will receive its full costs, if any.…

In our Spring 2023 Issue of Condo Alert! we look at the CAT’s recent decisions refusing access to records. The often used “litigation exemption” is examined in the context of a longstanding and far reaching dispute between an owner and…

Last month, we blogged about the importance of having clear and concise governing documents. A recent CAT decision highlights the value of communicating rules to residents and how poor communication might lead to unnecessary disputes.

In this case, the…

The Condominium Authority Tribunal (“CAT”) and Superior Court operate on virtual platforms, with CAT hearings typically concluding via written argument.  These forums have their own rules and directions and, occasionally, comments from adjudicators to guide process.  This decision from the…