The Condominium Authority Tribunal (CAT) has compiled the checklist of requirements below to assist Applicants in filing their cases correctly and completely. By filing your case correctly and completely, the CAT will be able to process it without delay and without requesting additional information or corrections.

Before filing your case, please ensure that:

You can click on items above for more information on each of these requirements.

The CAO’s CAT staff review all cases to identify possible issues and to give Applicants an opportunity to correct any issues at an early stage.

If there is an issue with your case and you cannot or do not fix it, the CAT will ask you to make a legal argument about why your case should be allowed to proceed as-is. If the CAT determines that your Case should not be allowed to proceed, it will be closed.

If you do not file your case correctly, there may be delays in processing it or the CAT may not allow it to proceed.  

What if I have questions?

If you have questions about the CAT or filing a case, please contact the CAO.
 

1. YOUR CASE MUST DEAL WITH CONDOMINIUM RECORDS

What kinds of cases can the CAT accept?

The Condominium Authority Tribunal (CAT) began accepting cases in November 2017. Currently, the CAT can only accept cases that relate to condominium records under section 55 of the Condominium Act, 1998. This is because of Ontario Regulation 179/17, which sets out the CAT’s jurisdiction.

Under section 55, condominium corporations are responsible for keeping and providing copies of records to owners, on request.

Since the CAT can only accept cases that deal with records, you cannot file a case with the CAT that does not deal with condominium records.

If you are filing a case and are unsure about whether it relates to a records issue, we strongly encourage you to review the information available on records issues on our website.

If you have read this information and are still unsure about whether your case deals with records, please contact the CAO.

Common Records Issues

Here are a few examples of common records issues:

  • You have requested records from your condominium corporation but have not received a response and it has been more than 30 days.
  • You have requested records from your condominium corporation and they have refused to provide them to you.
  • You have requested records from your condominium corporation and they have provided you with an amount you are required to pay, and you disagree with the amount.
  • You think your condominium corporation is not keeping some records or is not keeping them for long enough.

Please also note that the CAT has no ability to accept cases that are not about condominiums (e.g., cases relating to housing co-operatives or apartment buildings that are not condominiums).

What if I file a case that is not about records?

The CAT will advise you that your case does not fall within the CAT’s current scope of disputes under Reg. 179/17 (e.g., it does not deal with a records issue under s. 55 of the Condominium Act, 1998). If you cannot or do not update your case so that it falls within the CAT’s scope of disputes, the CAT will ask you to make a legal argument about why your case should be allowed to proceed as-is. If the CAT determines that your Case should not be allowed to proceed, it will be closed.
 

2. YOUR CASE MUST IDENTIFY THE CORRECT RESPONDENT

What is a Respondent?

When you file a Case with the Condominium Authority Tribunal (CAT), you must identify the Respondent. For records-related cases filed by owners, the Respondent is your condominium corporation.

Respondents in Records Cases

Currently, the CAT can only accept Cases related to records issues (i.e., disputes under section 55 of the Condominium Act, 1998). Under section 55, condominium corporations are responsible for keeping and providing copies of records. Because condominium corporations are responsible for keeping and providing records, if you are an owner and you want to file a case with the CAT, you must name your condominium corporation as the Respondent (and not an individual board member, your condominium manager, or your condominium’s management company).

Legal names of Condominium Corporations

Every condominium corporation has a legal name that must be provided when you are filing a Case. All legal names of condominium corporations in Ontario have the same standard format, depending on when they were created:

For condominium corporations created before May 2001, all corporation names have three parts:

  • Municipality or Region + Condominium Corporation No. + Number
  • Example: Toronto Condominium Corporation No. 123

For condominium corporations created after May 2001, all corporation names have four parts:

  • Municipality or Region + Condominium Type + Condominium Corporation No. + Number
  • Example: Toronto Standard Condominium Corporation No. 123

If you do not know your condominium’s legal name, you can check your condominium corporation’s declaration, by-laws, or rules, or ask your board or manager.

What if I choose someone else as the Respondent?

If you are an owner and you file a Case with the CAT about a records issue against someone other than your condominium corporation as the Respondent, CAT staff will contact you to let you know how you can update and correct your case.

If you refuse to update the Respondent’s information, the CAT will ask you to make a legal argument about why your case should be allowed to proceed as-is. If the CAT determines that your Case should not be allowed to proceed, it will be closed.
 

3. YOU MUST FOLLOW THE MANDATORY RECORDS REQUEST PROCESS

It is very important that owners and their agents follow the mandatory process to request records, as set out in the Condominium Act, 1998, and its regulations. If you do not follow the records request process, the CAT may be unable to accept your case.

Click here for more information about records disputes.

Before you file your case with the CAT, please ensure that:

a) Your records request was made after November 1, 2017.

The CAT can only deal with cases where the request for records was made on or after November 1, 2017. This is set out in section 13.11(7) of Ontario Regulation 48/01. If you made your records request before November 1, 2017, you can make a new request now to your condominium corporation.

b) You made your request using the government’s mandatory Request for Records form.

As of November 1, 2017, you must use the Request for Records form to request access to or copies of condominium records. This requirement is set out in section 13.3(3) of Ontario Regulation 48/01.

If you do not use this form to request the records, it is possible that the condominium corporation might not have a legal obligation to respond to your records request. Additionally, the CAT may not be able to accept your case.

If you made your records request but did not use the Request for Records form, you can make a new request to your condominium corporation, using the mandatory form.

c) You have given your condominium corporation enough time to respond to your request.

After you send the mandatory Request for Records form to your condominium corporation, your condominium corporation has 30 days to respond. You cannot file your case with the CAT until:

  • You have received a response to your request from the condominium corporation, or,
  • 30 days have passed since you made your request and you have not received a response.

When your condominium corporation sends you the response, they must use the Board’s Response to Request for Records form. This requirement is set out in section 13.3 (6) of Ontario Regulation 48/01. Please note that if the condominium corporation does not use the Board’s Response to Request for Records form, you will not be prevented from submitting a case to the CAT.

What if I filed a case but did not follow the mandatory process or wait long enough for a response?

The CAT will contact you if you file a case:

  • That deals with a request for records made before November 1, 2017.
  • Where you did not request the records using the mandatory Request for Records form.
  • Before your condominium corporation has had 30 days to respond to your request.

The CAT will let you know how you can correct your case and you will be given a chance to update it. If you cannot or do not correct your case, the CAT will ask you to make a legal argument about why your case should be allowed to proceed as-is. If the CAT determines that your Case should not be allowed to proceed, it will be closed.
 

The above checklist is intended to assist Applicants in filing their cases correctly and completely so that cases may proceed without delay. If you have any questions about any element of this checklist, please contact the CAO.

Condominium Authority of Ontario

July 20, 2018