Condominium Authority Tribunal Application Checklist:
Pets and Animals, Vehicles, Parking and Storage

If you have not yet read the information available on the CAO’s Guided Steps to Common Issues, you should read it before you file an application with the CAT. The CAO’s Guided Steps to Common Issues contain important information that all Applicants should know.

To file this type of application with the CAT, your dispute must deal with one or more provisions in your condominium corporation’s governing documents that deal with

• Pets and Animals;
• Vehicles;
• Parking and Storage; and / or
• Indemnification ("chargebacks") related to the above issues.

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

A condominium’s governing documents are:

• The declaration;
• The corporation’s by-laws; and,
• The corporation’s rules.

If you are unsure whether your issue relates to these types of matters, we encourage you to review the CAO’s Guided Steps to Common Issues for more information.

If your issue relates to one of the following dispute types, you may be able to file a different type of Application with the CAT:

• Condominium Records;
• Noise;
• Odour;
• Vibrations;
• Light;
• Smoke and Vapour;
• Another type of nuisance, annoyance or disruption set out under the condominium corporation’s governing documents; and / or
• Compliance with settlement agreements.

If you want to file an application about one or more of the issues listed above, please see our File New Application webpage for more information.

When you file, you should upload a copy of all three of your condo corporation’s governing documents (i.e., the declaration, by-laws, and rules).

If you don’t have all three documents, then you should upload a copy of the document (i.e., either the declaration, by-laws, or rules) that contains the provision that is the subject of your application.

• For example, if your application deals with a provision in your corporation’s rules relating to pets, you should upload a copy of your condo corporation’s rules with your application.

Applicants can file this type of application by themselves, or jointly with other Applicants. If you want to file with other applicants (e.g., you are a unit owner and want to file with other unit owners), you should speak to the other Applicants and confirm that they are willing to join and participate in the case.

If you choose to file with other Applicants:

• Each other Applicant will need their own CAO account; and,
• Each other Applicant will be required to join and participate in the case (or have their own representative do so on their behalf).

Click here for more information on filing an application.

When you file your application, you will be required to identify who you are filing against (i.e., the Respondent(s)).

Once you file your application with the CAT, the Respondent(s) are required to join the case and respond to the issues you have raised. Once they join the case, they can explain their side of the dispute. If they do not join or participate in the case, the CAT may make an order without their involvement.

You can identify more than one Respondent. For each Respondent that you identify, you must provide that Respondent’s name and address.

If you know the unit number of the person causing the issue, you should determine if they are the unit’s owner or an occupant (e.g., a tenant or guest). You can determine if this person owns the unit or if it has been rented out by reviewing the following condominium records:

1. Record of owners and mortgagees - You can determine who owns a unit by checking the condominium corporation’s record of owners and mortgagees. Condominium corporations are required to maintain a record of the names (and addresses) of all unit owners under section 45.1 of the Condo Act.
2. Record of notices relating to leases of units – Unit owners are required to notify their condominium corporation if they lease their units. Condominium corporations are required to maintain a record of which units are leased under section 83 (3) of the Condo Act.

By reviewing the record of owners and mortgagees and the record of leased units, you can determine whether the person causing the issue is the unit’s owner or an occupant.

Don’t have a copy of these records?

You can request a copy from your condominium corporation using the mandatory Request for Records form, available on our website.

If you don’t know who is causing the issue

If you don’t know who is causing the issue, you can consider filing an application against your condominium corporation.

For more information on who can be a Respondent, you should review the CAT’s User Guide to Respondents and Intervenors.

An Intervenor is a person or legal entity (including condo corporations) that have a right to 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.

Rule 15 of the CAT’s Rules describes who can intervene in CAT cases. Who can intervene depends on three factors:

• Who filed the case;
• The reason it was filed; and,
• Who the Respondent(s) is.

For more information on Intervenors, you should review the CAT’s Guide to Respondents and Intervenors.

The CAT strongly encourages you to discuss the issues with the Respondent(s) (and with any Intervenors) before you file your application. If you can resolve the issues collaboratively, you may not need to file with the CAT, which will save everyone time and money.

If you do not discuss the issues with anyone before you file your application and your case proceeds to Stage 3 – Tribunal Decision, the CAT may consider whether you tried to resolve the dispute or explore lower cost alternatives when issuing the final order.

For information about how you can try to resolve the issues, please review the information available on the CAO’s Guided Steps to Common Issues. The CAO also provides letter/email templates that you can use to contact the Respondent(s) and any Intervenor(s).

Generally speaking, the CAT can only accept applications that deal with issues that occurred within the last two years. This is because of s. 1.36 of the Condominium Act, 1998.

The CAT may grant an extension if your issue occurred between two and three years ago. A CAT Member will decide whether or not to grant an extension once you file your application.

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