In 2024, several key decisions from the Condominium Authority Tribunal (the “CAT”) have shaped the legal landscape for condominium corporations. Below, we highlight our top five noteworthy CAT cases of the year, in no particular order.
Peel Condominium Corporation No. 203 v Lam, 2024 ONCAT 58 (“Lam”)
In Lam, the corporation sought an order requiring the non-resident owners and tenant to comply with a rule prohibiting garbage storage in common areas. Despite being aware of the rule, the tenant continued to violate it, and the unit owners never provided the corporation with a proper address for service. The CAT noted that this was a case of willful non-compliance with a straightforward rule. Moreover, there was no evidence that the unit owners took any action to address their tenant’s willful noncompliance. Based on the foregoing, and given the strong indemnification provision in the declaration, the CAT ordered the unit owners to reimburse the corporation’s legal fees on a full indemnity basis.
D’Souza v Toronto Standard Condominium Corporation No. 2565, 2024 ONCAT 23 (“D’Souza”)
In D’Souza, the unit owner asserted that cigarette smoke and odour migrating to her unit from neighbouring units was a nuisance. She also alleged that the corporation failed to properly enforce compliance. The CAT noted that some interference may be acceptable and must be accepted as a part of life in a multi-unit residential complex. For the interference to qualify as a nuisance, it must be more than trivial and unreasonable. Ultimately, the CAT found that there was no objective evidence that the applicant was experiencing smoke and odour at the level that would constitute a nuisance.
Bogue v Carleton Condominium Corporation No. 288, 2024 ONCAT 154 (“Bogue”)
In Bogue, the unit owner requested the audio/video recording of the corporation’s 2023 Annual General Meeting, claiming it was a part of the corporation’s records. The virtual meeting provider of the 2023 meeting created the recording for its own training, quality assurance, and compliance purposes, not at the corporation’s request. Consequently, the CAT ruled that the recording did not constitute a corporate record, as the corporation neither paid for the recording nor directed the meeting provider to create it. The CAT highlighted that recordings made by third-party service providers for their own purposes, and not at the direction of the corporation, are not considered part of the corporation’s records.
Dambremont v Cochrane Condominium Corporation No. 7, 2024 ONCAT 90 (“Dambremont”)
In Dambremont, the unit owner alleged harassment by other unit owners and members of the corporation’s board. The applicant argued that the CAT had jurisdiction, citing provisions in the corporation’s governing documents related to harassment. However, the CAT determined that the harassment claims fell under section 117(1) of the Condominium Act, 1998, not the corporation’s governing documents, as the unit owner’s allegations involved feelings of unsafety and emotional harm. The CAT held that the dividing line appears to be the “likelihood of physical injury, illness or damage to property.” Consequently, the CAT dismissed the application, ruling that the issues fell outside its jurisdiction.
Skoczylas v Peel Standard Condominium Corporation No 954, 2024 ONCAT 31 (“Skoczylas”)
The term “fishing expedition” refers to a search or investigation for records aimed at uncovering potentially damaging facts, often based on vague speculation. In Skoczylas, the unit owner requested “non-core” records from 2000 to 2023 from the corporation. The CAT deemed this request a fishing expedition due to its overly broad nature, the lack of clarity regarding which records were being sought, and the applicant’s refusal to provide further clarification. Additionally, since the corporation was formed in 2014, the CAT noted that the request covered a period before the condominium’s existence, which further supported the conclusion that the request was a fishing expedition. As a result, the CAT dismissed the case. This decision is the exception, not the norm.
Should you have any questions, please do not hesitate to reach out to a member of Miller Thomson’s Condominium & Strata group.
