Condominium Authority Tribunal Application Checklist: Compliance with Settlement Agreements
Welcome to the Condominium Authority Tribunal’s Application Checklist! Fill this out before you apply to make sure you are in the right place.
1. Have you read the information about your issue on the Solving Common Issues pages?
We strongly recommend you read this information before you file.
What does this mean?
Our Solving Common Issues pages contain important information about how to resolve condo living issues before they escalate.
2. Do you have a Settlement Agreement from a previous CAT case?
You cannot file this type of application. Go back to the previous page and choose a different type of application.
What does this mean?
If you were involved in a previous CAT case, you may have resolved your case by agreeing to a Settlement Agreement. A Settlement Agreement is like a contract that the parties of a CAT case have agreed to follow. Settlement agreements are different from both Consent Orders and Decisions.
- All parties agreed to a Settlement Agreement in Stage 1 – Negotiation
- All parties agreed to a Settlement Agreement in Stage 2 – Mediation or Stage 3 – Tribunal Decision and worked with the CAT Mediator or Member to create a Settlement Agreement.
- You and the other party agreed to a Settlement Agreement outside the CAT-ODR system.
3. Did one or more of the other parties not comply with the terms of the settlement agreement?
You can only file if one of the parties contravened the agreement.
What does this mean?
All parties are required to comply with all the terms of a Settlement Agreement as per the Condo Act
Here are a few examples of common compliance issues:
- A party was required to do something within 30 days, but they haven’t done it.
- A party was required to stop doing something but has not stopped.
Review your Settlement Agreement and clearly identify the parts that have not been complied with before applying.
4. Did the non-compliance issue occur within the previous six months?
You can only file if the non-compliance happened within the last six months.
What does this mean?
The CAT can only accept applications that deal with contraventions that occurred within the past six months, as set out in the Condo Act.
A CAT Member may grant an extension if the contravention occurred more than six months ago. You should explain in your application why you are filing beyond the six-month deadline set out in the Condo Act.
Extensions are not guaranteed. If the CAT does not grant you an extension, your $25 application filing fee will not be refunded.
5. Have you identified the right respondents?
You must identify the respondents to file an application with the CAT.
What does this mean?
Respondents must be notified about your application so they can join the case and respond to the issues you are raising. The CAT may issue an order without them if they refuse to join.
You must provide the name and address for each respondent you identify.
For this type of application, the respondents are the parties that have not complied with the Settlement Agreement. If more than one party has failed to comply, you can identify them all as respondents.
If you do not have any of the Respondent’s information, you can access it by:
- Logging into the CAO Website
- Logging into the CAT-ODR system
- Opening the CAT case for which you made the Settlement Agreement
- Clicking on the “Case Summary” tab
You will see the other parties’ information listed on the Case Summary tab.
Thank you for completing the Checklist! You can file your application by clicking the button below.
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