Condominium Authority Tribunal Application Checklist: Governing Documents

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 with the CAT, your application must deal with one or more provisions in your condo corporation’s governing documents that deal with pets or animals, vehicles, parking and storage, and/or indemnification (e.g., “chargebacks”).

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.

The CAT cannot accept an application if it does not deal with provisions in a corporation’s governing documents that deal with pets or other animals, vehicles, parking and storage, and/or indemnification.

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.

Have a Question?
If you have a question about any of the information you’ve read, please contact us. We have a team available to answer any questions you may have.

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.

Don’t have a copy of your condo corporation’s declaration, by-laws or rules?
Owners can request a copy from their condo corporation using the mandatory Request for Records form, available on the CAO’s website here.

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.

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

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: Governing Documents Disputes.

Have a question about Intervenors?
If you have any questions about Intervenors please contact us. We have a team available to answer any questions you may have.

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 section 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.