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Condominium Authority Tribunal Application Checklist: Other Nuisances set out under your governing documents

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 in our 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. Does your application deal with provisions in your condo corporation’s governing documents that deal with nuisances?

You cannot file this type of application. Go back to the previous page and choose a different type of application.

What does this mean?

You can only file this type of application if you have a dispute that relates to one or more provisions in your condo corporation’s governing documents that govern a nuisance, annoyance or disruption.

This is because Ontario Regulation 179/17 gives the CAT jurisdiction over these matters.

A condominium’s governing documents are the declaration, by-laws and rules. 

3. Does your application deal with one or more of the following?

  • Noise
  • Odour
  • Vibrations
  • Light
  • Smoke & Vapour
  • Pets and Animals
  • Vehicles
  • Parking & Storage.

You can file a different type of application if your issue involves one of these topics. Go back to the previous page and select another application type.

What does this mean?

Your dispute for this type of application must relate provisions in your condo’s governing documents that governs nuisances other than the issues listed above.

Go back to the previous page and try to file another type of application. 

4. Do you have an electronic copy of your condo’s governing documents?

You must provide a copy of these documents to file this type of application. You can request a copy if you do not already have them.

What does this mean?

You will be asked to upload copies of your condo corporation’s declaration, by-laws, and rules in the next step of the application.

5. Are you filing this application by yourself?

You must identify the respondents to file an application with the CAT.

What does this mean?

You can file by yourself or jointly with another applicant as long as you confirm with them that are willing to participate in the case.

Each applicant will need their own CAO account and will need to participate in the case either directly or through a representative. 

6. Have you identified the right respondents?

You must identify the Respondents to file an application with the CAT.

What does this mean?

Respondents are the parties you are filing against.

You must provide the name and address for each respondent you identify.

You should also determine if the respondent is a unit owner, tenant or guest by asking your condo for their Record of Owners and Mortgagees or Record of Notices Relating to Leases of Units.

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. 

Read more in CAT’s User Guide to Respondents and Intervenors.

7. Have you determined if there are any intervenors?

You must determine if there are any Intervenors before you file an application with the CAT.

What does this mean?

An Intervenor is any party that can participate in a CAT case, as set out under Rule 15 of the CAT’s Rules of Practice.

Applicants must identify all intervenors when filing their application.

Who can intervene depends on three factors:

  • Who filed the case
  • The reason it was filed
  • Who the respondent is

Read the CAT’s Guide to Respondents and Intervenors for more information.

8. Have you already discussed these issues with the other parties?

We strongly encourage you to discuss the issues with these parties before you file.

For more information about how you can try to resolve these issues, review our Solving Common Issues pages.

The CAO also provides templates that you can use to contact the respondents and any Intervenors.

What does this mean?

Speaking to the parties before filing may lead to resolving the issues collaboratively and saving all parties time and money.

The CAT may consider whether you tried to resolve the dispute or explore lower cost alternatives when issuing the final order in Stage 3 – Tribunal Decision. 

9. Did the issue occur within the last two years?

The CAT may be unable to accept your application if the issue did not occur within the last two years.

What does this mean?

The CAT can only accept applications that deal with issues that occurred within the last two years, as set out in the Condo Act.

A CAT Member may grant an extension if your issue occurred between two and three years ago. The CAT cannot grant extensions for disputes that occurred more than three years ago.

Extensions are not guaranteed. If the CAT does not grant you an extension, your $25 application filing fee will not be refunded.

Have a Question?

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Thank you for completing the Checklist! You can file your application by clicking the button below.

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