After your case

After your case finishes, you may still have some unresolved issues. For example, even if you have a Settlement Agreement or an Order from the CAT, the other User may not follow it or do what they have to do.

Depending on how your case was closed, you will have different options available to you. This page provides general information about those options. If you need more detailed information about your case, you may wish to speak with a lawyer or paralegal for advice on what you should do. The CAT cannot give you specific advice about what you need to do after your case has been closed.

Settlement agreement

If you and the other User resolved the case and received a Settlement Agreement, both Users must comply with it. However, if a User does not comply with the agreement, you can file a new case with the CAT for an order that would require them to comply.

Order, Decision, or Consent order

If you received an order, decision, or consent order from the CAT, both Users must comply with it. However, if a User does not comply with the order, then you may need to enforce the order.

For more information about enforcing an order, please read the Enforcing an order section below.

Dismissal

If your case was dismissed because you missed a deadline or did not respond to the CAT’s instructions, you may be able to re-file. That is because the CAT may not have made an order or decision on the issues that you raised.

If your case was dismissed because the issues that you raised were outside of the jurisdiction of the CAT, you may wish to seek legal advice before you try to file again.

Withdrawal

If your case was closed because you withdrew, you can likely re-file your case with the CAT. That is because the CAT has not made an order or decision on the issues that you raised.

Enforcing an order

Enforcement takes place through the courts and not through the CAT. The CAT cannot assist you with enforcing an order you received.

You may need to enforce your order in one of two places: either through Small Claims Court or the Superior Court of Justice. As of January 1, 2010, the Small Claims Court has a monetary limit of $25,000. For amounts greater than $25,000, you will need to enforce your order at the Ontario Superior Court of Justice.

The Small Claims Court is a branch of the Ontario Superior Court of Justice.

If you would like to enforce an order, you may wish to review the guidebook called After Judgment: Guide to Getting Results that describes the enforcement procedures that are available at Small Claims Court.

Appeals and Applications for Judicial Review

If you think that the Condominium Authority Tribunal (CAT) has made an error in an order or decision, there are two ways that you can ask the court to review that order/decision:

  1. Filing an appeal of the CAT’s decision with the Divisional Court
  2. Filing an application for a judicial review of the CAT’s decision with the Divisional Court.

Filing an appeal or an application for judicial review can be complicated, time-consuming, and costly.If you are thinking about filing an application for judicial review, you may want to seek the advice of a legal professional.

Note:This webpage provides general information on these two processes and how to ask for the decision to be reviewed. It should not be read or interpreted as legal advice. If you want legal advice, you should consult a person licensed by the Law Society of Ontario.

Appealing Decisions of the CAT

What is an appeal?

Under the Condominium Act, 1998 (“the Act”), a party to a case at the CAT can appeal a decision or order issued by the CAT to the Divisional Court on a question of law under Section 1.46(2) of the Act.

Because the Act says that you can only file an appeal on a question of law, you cannot file an appeal just because you do not like the outcome. You will not have an opportunity to re-argue your case during your appeal. Instead, your appeal must relate to an error you think the CAT made in applying the legislation or a legal principle in your case (e.g., if you think the CAT misinterpreted or misapplied the legislation).

Appeal deadline

Appeals must be filed within 30 days of the date of the order or decision, which you can find at the top and bottom of the order or decision document. The CAT does not have the authority to extend this period.

Filing an appeal

To file an appeal, you will need to file a Notice of Appeal with the Divisional Court, which is a branch of the Superior Court of Justice. The Court has rules which you will have to follow, including rules about which forms to use, the timelines you have to meet, and how to deliver documents.

Information about the appeals process, and copies of the forms you will need to file your appeal, are available on the Ministry of the Attorney General’s website. You should also review the Ministry of the Attorney General’s Guide to Appeals in Divisional Court.

For general telephone inquiries, you can call the Ministry of the Attorney General at 1-800-518-7901.

Case record

When filing your appeal, you may be required to submit a copy of the record of your case. To request a copy of the record of your case, you can to send us an email at: catinfo@condoauthorityontario.ca.

To obtain transcripts of any portion of a CAT hearing that took place outside of the CAT’s online dispute resolution system, you will need to contact a certified court reporter. The CAT will send the hearing recording directly to the court reporter you chose. Arrangements for the cost and delivery of the transcript are made between you and the court reporter.

Important points to remember

  • Appeals of a CAT decision or order may only be made on a question of law.
  • If you file an appeal, you must comply with the rules and procedures of the Divisional Court.
  • You have only 30 days from the date the decision was issued to file your appeal.

Filing a Judicial Review of a CAT Decision

What is an application for judicial review?

A party to a CAT case can file a judicial review of the CAT’s decision with Divisional Court under the Judicial Review Procedure Act (JRPA).

A judicial review will typically focus on the process and procedures that the CAT followed in holding the hearing and/or in reaching its decision (e.g., if the users were not given an opportunity to present evidence on a relevant issue or if the CAT concluded that something did or didn’t happen without any evidence to support at that conclusion).

Under the JRPA, the court has the power to set aside a decision of the CAT if it decides that the CAT has made an error of law, if it has made a finding in the absence of evidence, or where the CAT has assumed or exercised a power that is not granted to it under the Condominium Act, 1998

Application for judicial review deadline

There is no time limit for filing a judicial review in the JRPA or the Rules of Civil Procedure. Instead, the Court can choose to dismiss an application for judicial review because it is delayed. This means that you should act quickly if you are thinking about filing an application for judicial review.

Generally, you may want to file your application within 30 days of the date of the CAT’s decision.

Case record

When filing an application for judicial review, you may be required to submit a copy of the record of your case. To request a copy of the record of your case, you can to send us an email at: catinfo@condoauthorityontario.ca

To obtain transcripts of any portion of a CAT hearing that took place outside of the CAT’s online dispute resolution system, you will need to contact a certified court reporter. The CAT will send the hearing recording directly to the court reporter you chose. Arrangements for the cost and delivery of the transcript are made between you and the court reporter.

Important points to remember

  • The purpose of an application for judicial review is to ensure the CAT has followed the law in reaching its decision and that everyone had a fair opportunity to participate, not to re-argue your case.
  • If you file an application for judicial review, you must comply with the rules and procedures of the Divisional Court.
  • There is no firm deadline for filing an application for judicial review, but applications can be dismissed if the court believes they are being filed unduly late.