Infestation

Step 4: Escalate the issue

Infestation is an issue you cannot take to the Condominium Authority Tribunal because it presents immediate physical danger so mediation and arbitration are your best alternative dispute resolution processes in this case.

Mediation

Mediation is a process where a neutral facilitator tries to bring the parties to a mutually agreeable solution. Mediation is the preferred approach because it’s often less costly and it gives parties an opportunity to collaborate on finding a solution with which everyone is comfortable.

Arbitration

Arbitration is a process where an arbitrator conducts a hearing and rules on issues if mediation fails. The parties involved in the dispute present evidence and the arbitrator makes a binding decision which can be appealed in some cases.

You are legally required to participate in mediation and arbitration if you have been asked to participate. You can search for a mediator or arbitrator to help you with these processes through the ADR Institute of Ontario.

Section 117 of the Condo Act prohibits anyone from creating situations that can cause immediate physical danger, damage property or cause injury or illness.

Section 117

Section 132 (4) of the Condo Act deems all condo corporations to have a provision in their declaration stating that disputes regarding the declaration, by-laws or rules must be filed for mediation or arbitration.

Section 132 (4)

Related topics

Please enable JavaScript in your browser to complete this form.
Did you find this page helpful?

Stay in the know with CAO!