Trials And Tribulations Of A CAT

Author:Ms Rachel Fielding
Profession:Fogler, Rubinoff LLP

Summer came late to Toronto this year, and with it, came an inundation of Condominium Authority Tribunal ("CAT" or the "Tribunal") matters. After responding to one CAT proceeding after another, a few things became apparent.

Firstly, it is clear that most of the unit owners are unclear as to the limits and jurisdiction of the CAT. While it is expected that CAT's jurisdiction will be expanded at some point in the future, at this present moment, its jurisdiction is limited to access to records only. For example, questions such as "Was the latest Periodic Information Certificate accurate?" or "Did the Board of Directors mismanage corporation assets?" are simply not within the jurisdiction of the CAT to answer.

In fact, many of the proceedings I participated in as counsel, should never have been brought by the owner before the Tribunal, as the core issues did not relate to records requests. All of these extraneous, and dare I say it, irrelevant disputes to the matter of record production, not only extend the length of the proceeding, but unduly complicate it. Respondents have to produce more documents, witnesses have to respond to more questions, and lawyers stay up later and spend more hours writing submissions to address all these issues.

While this may not seem to be a large problem, the reality is, it takes time and expense to respond to all of the extraneous issues. This leads to my next take away, the incredible costs and time expended by condominium corporations (the "Corporation") to respond to CAT proceedings.

While there is no requirement that a Corporation hire a lawyer to represent them in these proceedings, due to the increased complexity of the allegations, many Boards of Directors feel obliged to do so. Most often, it falls to the property manager to try to represent the Corporation before the CAT. However, with the increased complexity of the allegations, many property managers do not feel comfortable representing the Corporation, (and who could blame them - they are not legal professionals), and frankly, the property managers simply do not have the time to spend to participate in these proceedings.

As a result, we are seeing more Corporations make the decision to hire their corporate counsel to handle the Tribunal matters, especially if the matters progress to the Tribunal's Hearing Stage (Stage 3). In one decision of the CAT, the Corporation claimed $24,000.00 for its legal costs, but no costs were ordered to be paid.

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