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Records

Step 4: Condominium Authority Tribunal

Our Tribunal is intended to help condo communities resolve disputes conveniently, quickly and affordably. CAT cases are fully online and asynchronous, meaning that people may communicate and participate at varying times.

Filing an application

Filing an application should be your last resort. A Tribunal application is a legal action, and applicants are required to provide evidence and arguments to prove their case.

You should think carefully and build your case before filing an application. This includes identifying what outcome you want, how the law applies and how you can prove it. Use this worksheet to get started.

 

Pre-application overview

1. Review past Tribunal decisions and orders


Previous orders and decisions provide insight into how the Tribunal deals with issues similar to yours.

Read decisions about records

2. Decide if you should seek legal advice


Our legal resources page has information for those seeking legal support.

Get help with legal advice

3. File your application


Ready to file?

Start here

Public access

The Tribunal is guided by The Open Court Principle and is committed to transparency and accountability. The Tribunal will provide public access to adjudicative records included in applications in accordance with the CAO’s Access and Privacy Policy. Condo corporations may also be required to disclose the existence and status of Tribunal applications in information certificates and in status certificates. The Tribunal encourages you to review its Practice Direction on Confidentiality if you have any questions or concerns about what information is confidential. 

Who can file an application?

Only condo owners, mortgagees and purchasers can file CAT cases. Purchasers may only dispute access to records.

The CAT’s three-stage dispute resolution process

Stage 1: Negotiation


In Stage 1: Negotiation, you will work with the other parties to try and resolve the dispute.

Stage 2: Mediation


In Stage 2: Mediation, you will work with a mediator to try and resolve the dispute.

Stage 3: Tribunal Decision


In Stage 3: Tribunal Decision, the Tribunal will hold an online hearing, and you will have an opportunity to present your evidence and arguments. The Member will then issue a binding order.

Be aware of filing timelines

  1. Adequacy of Records
    • The issue must have occurred within the last two years unless the Tribunal agrees to provide you with an extension for an additional year, although this is not guaranteed.
  2. Access to Records
    • You must file within 60 days of your board responding to you.
    • Board didn’t respond? You can file no later than 6 months after you made your original request.

Please note that the board must be afforded at least 30 days to respond to your request. An application for records will not be accepted before this.

What kind of records disputes is the CAT allowed to resolve?

The Tribunal’s jurisdiction is set by the Ontario government through the Condo Act. We can deal with four different types of records disputes:

  1. Access to Records
    • This includes disputes about accessing or getting copies of records that were requested.
      • Example: An owner requested records and the corporation did not respond within the required timeline.
      • Example: An owner thinks the condo corporation’s fees to provide the records are unreasonable.
  1. Adequacy of Records
    • This includes disputes about whether records are being kept adequately.
      • Example: An owner knows that the records exist but believes they are incomplete, unclear, or not maintained as required under the Condo Act.
  1. Entitlement to Records
    • This includes disputes about whether a requester is legally entitled to records they have requested.
      • Example: An owner requested records and the condo corporation refused to provide them.
  1. Records Retention
    • This includes disputes about whether records are being kept for the required amount of time.
      • Example: An owner believes that records are not being kept for the required amount of time under the Condo Act.

The Tribunal can help you access records and ensure records requirements under the Condo Act are being followed. The Tribunal cannot help with an informal inquiry for information or records. While records often relate to broader concerns and are a way to gather information and facts about something, it is important to be aware of how a records application may or may not assist with the resolution of any other issues you may be having.

Learn more about the Tribunal’s process and its jurisdiction.

The Condo Authority Tribunal

File an application

Start the Application process
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