Brian Cook

OCATCondominium Authority TribunalOct 24, 2024

Condominium Authority Tribunal application closed following applicant's withdrawal.

The applicant filed an application with the Condominium Authority Tribunal.

After the case proceeded to Stage 3, the applicant informed the Tribunal that they wished to withdraw their case.

The Tribunal accepted the withdrawal and ordered the case closed pursuant to Rule 43.1 of the CAT's Rules of Practice.

Mintcheva v. Williams et al., 2024 ONCAT 159

Victor Yee

Brian Cook

OCATCondominium Authority TribunalSep 26, 2024

Condominium owner ordered to keep large dog leashed and controlled on common elements following rule breaches.

The applicant condominium corporation applied to the Tribunal alleging the respondent owner failed to comply with pet rules by allowing her large dog to be off-leash and out of control on common elements.

Following the application, incidents involving alleged injuries to residents occurred, raising jurisdictional questions under section 117 of the Condominium Act.

The Tribunal found it retained jurisdiction because the central issue remained rule compliance, which could be determined independently of the injury allegations.

The Tribunal concluded the respondent breached the pet rules and ordered her to ensure the dog is tightly leashed and controlled by a capable person at all times on common elements, awarding partial pre-application costs and filing fees to the applicant.

York Condominium Corporation No. 228 v. Sniderman, 2024 ONCAT 150

Michelle Kelly

Brian Cook

OCATCondominium Authority TribunalJun 20, 2024

Condominium owner ordered to remove nuisance dogs and pay costs after failing to participate in hearing.

The applicant condominium corporation sought an order requiring the respondent unit owner to remove two dogs from his unit, alleging they caused unreasonable noise and exhibited aggressive behaviour.

The respondent claimed the dogs were emotional support animals but failed to provide requested medical documentation and did not participate in the tribunal proceedings.

The tribunal found the dogs constituted a nuisance under the condominium's governing documents and the Condominium Act, 1998.

The tribunal ordered the removal of the dogs and directed the respondent to pay a portion of the applicant's pre-application legal costs and tribunal filing fees.

Wentworth Condominium Corporation No. 156 v. Halloum, 2024 ONCAT 87

Michael Pascu

6 cases2018–2024

Brian Cook

OCATCondominium Authority TribunalJun 11, 2024

Condominium application withdrawn and case closed after respondent sold unit and moved out.

The applicant condominium corporation filed an application with the Condominium Authority Tribunal.

The respondent subsequently sold her unit and moved out of the building.

The applicant requested to withdraw the application, which the Tribunal accepted, ordering the case closed.

York Region Standard Condominium Corporation No. 1134 v. Amato, 2024 ONCAT 79

Anthony Spadafora

Brian Cook

OCATCondominium Authority TribunalJun 4, 2024

Motion to reopen condominium noise dispute denied due to deliberate non-participation and admitted noise issues.

The respondents brought a motion to reopen a Condominium Authority Tribunal case in which they were found to have caused unreasonable noise.

The respondents argued they did not understand the online dispute resolution process and missed the hearing.

The Tribunal dismissed the motion, finding it was not advisable to reopen the case because the tenant did not dispute making the noise and the unit owner had deliberately chosen not to participate in the original proceedings.

Toronto Standard Condominium Corporation No. 2944 v. Pavelic et al., 2024 ONCAT 74

Bharat Kapoor

In Private Practice25 cases2021–2026

Brian Cook

OCATCondominium Authority TribunalMay 8, 2024

Condominium application to remove second dog dismissed; owner entitled to submit human rights accommodation request.

The applicant condominium corporation sought an order to remove one of two dogs from a unit, arguing the governing documents permit only one dog and that the second dog belonged to a non-resident owner.

The respondents argued the owner was a resident and required the second dog as an emotional support animal.

The Tribunal found the owner was at least an occasional resident or frequent guest and was therefore entitled to have his accommodation request considered under the Human Rights Code.

The application was dismissed, and the owner was directed to submit a formal accommodation request.

Metropolitan Toronto Condominium Corporation No. 1053 v. Ahluwalia et al., 2024 ONCAT 63

Anthony Spadafora

Brian Cook

OCATCondominium Authority TribunalApr 26, 2024

Condominium resident ordered to stop making unreasonable noise; owner ordered to pay compliance costs.

The applicant condominium corporation sought an order directing the respondent resident to stop making unreasonable noise and directing the respondent owner to ensure compliance.

The resident participated minimally and the owner did not participate.

The Condominium Authority Tribunal accepted the uncontested evidence of multiple noise complaints, including loud screaming and heavy objects being thrown late at night.

The Tribunal ordered the resident to cease making unreasonable noise and ordered the owner to pay pre-litigation compliance costs and tribunal fees.

Toronto Standard Condominium Corporation No. 2944 v. Pavelic et al., 2024 ONCAT 61

Brian Cook

OCATCondominium Authority TribunalApr 2, 2024

Tenant ordered to stop making unreasonable noise and landlord ordered to ensure compliance and pay costs.

The applicant condominium corporation applied to the Condominium Authority Tribunal regarding unreasonable noise and loud parties caused by a tenant.

Despite multiple warnings and a notice to terminate the lease from the landlord, the noise continued.

The tenant and landlord did not participate in the hearing.

The Tribunal found the tenant breached section 117(2)(a) of the Condominium Act, 1998, and ordered the tenant to cease making unreasonable noise.

The Tribunal also ordered the landlord to ensure the tenant's compliance, keep the corporation updated on Landlord and Tenant Board proceedings, and pay $150 in costs.

Toronto Standard Condominium Corporation No. 2025 v. Hassan, 2024 ONCAT 52

Brian Cook

OCATCondominium Authority TribunalNov 24, 2023

Tribunal enforces condominium settlement agreement but declines to enforce terms requiring disclosure prohibited by the Act.

The applicant unit owner alleged that the respondent condominium corporation breached a settlement agreement regarding access to records.

The Tribunal found that while it has jurisdiction to enforce settlement terms that go beyond what it could order after a hearing, it cannot enforce terms that require a party to do something expressly prohibited by the Condominium Act.

The Tribunal ordered the respondent to comply with the enforceable terms of the settlement, including updating the record of owners and mortgagees and sending yearly reminders, but found that the respondent could not disclose lease records relating to specific units as it is prohibited by section 55(6) of the Act.

Cohen v. York Condominium Corporation No. 205, 2023 ONCAT 179

Brian Cook

OCATCondominium Authority TribunalNov 16, 2023

Condominium owner ordered to keep amplified music and karaoke at reasonable levels during social gatherings.

The applicant condominium owner complained of unreasonable noise from the respondent neighbour's unit and backyard, specifically from social gatherings involving amplified music and karaoke.

The Tribunal found that while ordinary noise from social gatherings is not unreasonable, the use of amplified music and karaoke at high volumes constituted unreasonable noise under section 117(2) of the Condominium Act, 1998.

The respondent was ordered to ensure amplified sound levels are not unreasonably loud, and to pay the applicant's $150 Tribunal filing fee.

Arulpiragasam v. Nguyen, 2023 ONCAT 174

Brian Cook

OCATCondominium Authority TribunalNov 10, 2023

Condominium corporation ordered to investigate and mitigate unreasonable impact noise transmitting from gym to residential unit.

The applicant, a condominium unit owner, brought an application against the condominium corporation regarding unreasonable noise and vibration transmitting into his unit from the gym located directly below.

The applicant provided acoustical engineering evidence demonstrating that dropped barbells and door latches caused significant structure-borne noise.

The condominium corporation argued that the applicant should have expected some noise when purchasing a unit above a gym and that it had taken sufficient steps by posting warning signs.

The Tribunal found that while some noise was to be expected, the impact noise from the gym was objectively unreasonable and constituted a nuisance under section 117(2) of the Condominium Act, 1998.

The Tribunal ordered the corporation to investigate the causes of the noise and develop a plan to mitigate it, and awarded the applicant his tribunal fees.

Park v. Toronto Standard Condominium Corporation No. 2775, 2023 ONCAT 171

Victor Yee

Brian Cook

OCATCondominium Authority TribunalOct 11, 2023

Consent order issued resolving condominium dispute over dogs and unwanted guests.

The applicant condominium corporation filed an application regarding complaints about dogs residing in the respondent's unit.

The parties reached a settlement during Stage 2 mediation in the Condominium Authority Tribunal's online dispute resolution system.

The Tribunal issued a consent order requiring the respondent to pay $500 towards legal costs, ensure compliance with governing documents regarding pets and guests, and report any appearances by a specific unwanted guest.

York Condominium Corporation No. 329 v. Valido, 2023 ONCAT 149

Consent order issued requiring condominium resident to cease making unreasonable noise and causing disturbances.

The applicant condominium corporation filed an application regarding complaints of significant disruption and unreasonable noise caused by a resident.

The parties agreed to settle the matter via a consent order.

The tribunal ordered the resident to cease making unreasonable noise or causing disturbances on the property, and established a communication protocol for future incidents.

Halton Condominium Corporation No. 534 v. A et al., 2023 ONCAT 145

Brian Cook

OCATCondominium Authority TribunalAug 31, 2023

Condominium corporation's enforcement application dismissed for failing to recognize unit owner's legacy smoking exemption.

The applicant condominium corporation sought an order declaring that the respondent unit owner violated its smoke-free environment rule and sought payment of costs associated with enforcement.

The respondent and her sons had previously been granted legacy status exempting them from the rule.

The Tribunal found that the condominium corporation failed to properly investigate a nuisance complaint, unreasonably ignored the respondent's legacy status, and improperly registered a lien against the unit.

The application was dismissed, the legacy status was confirmed, and the condominium corporation was ordered to reverse all chargebacks and pay $2,000 in legal costs to the respondent.

York Condominium Corporation No. 50 v. Overholt, 2023 ONCAT 123

Michelle Kelly

Brian Cook

OCATCondominium Authority TribunalAug 28, 2023

Condominium owner ordered to replace outdoor light fixture to comply with declaration requiring diffused lighting.

The applicant, a condominium owner, sought an order requiring his neighbour to replace or modify an outdoor light fixture that shone into his unit.

The Condominium Authority Tribunal found that while the light's wattage had been reduced, the fixture's clear glass sides violated the condominium corporation's declaration requiring exterior lighting to be subtle and diffused.

The Tribunal ordered the respondent to modify or replace the fixture to comply with the declaration.

The applicant's request for costs was denied due to his harassing behaviour toward the respondent during the proceedings.

Bates v. Cannon et al., 2023 ONCAT 118

Brian Cook

OCATCondominium Authority TribunalJul 21, 2023

Tribunal found tenants accidentally breached settlement by allowing dog off leash; ordered compliance and $125 fees.

The applicant condominium corporation applied to the Condominium Authority Tribunal alleging that the tenant respondents contravened a prior settlement agreement by allowing their dog to be unleashed on the common elements.

The Tribunal reviewed video evidence and found that the dog had been outside without a leash on several occasions, establishing a contravention.

However, the Tribunal concluded the incidents were accidental and did not warrant the removal of the dog or significant costs.

The Tribunal ordered the tenant respondents to abide by the settlement, ensure their leash is strong enough, exercise greater caution when opening their door, and pay $125 in Tribunal fees.

Middlesex Condominium Corporation No. 337 v. 2447127 Ontario Inc. et al., 2023 ONCAT 100

Brian Cook

OCATCondominium Authority TribunalJun 5, 2023

Condominium landlord ordered to pay damages for failing to timely address tenant's unreasonable noise.

The applicant condominium owner sought relief regarding unreasonable noise and disruption caused by the tenant of the unit below hers.

The respondent landlord delayed initiating eviction proceedings at the Landlord and Tenant Board despite repeated complaints.

The Condominium Authority Tribunal found that the tenant breached section 117(2)(a) of the Condominium Act by creating unreasonable noise, and that the landlord failed to take reasonable steps to ensure compliance under section 119(2).

The Tribunal ordered the tenant to cease the noise and ordered the landlord to pay the applicant $1,350 for lost rental income and $150 for filing fees.

Ambrose v. Campeau et al., 2023 ONCAT 75

Victor Yee

Brian Cook

OCATCondominium Authority TribunalMay 18, 2023

Consent order issued resolving a condominium dispute over unreasonable odours following a mediation settlement.

The applicant condominium corporation and the respondent unit owner reached a settlement during Stage 2 mediation regarding complaints of unreasonable odours emanating from the respondent's unit.

The parties agreed to a consent order requiring the respondent to comply with the Condominium Act, 1998 and the corporation's rules.

The applicant agreed to provide 48 hours' notice for any future odour complaints before taking action and waived its right to seek costs related to the application or remediation.

The Condominium Authority Tribunal issued the consent order to resolve the dispute.

York Condominium Corporation No. 228 v. G. R., 2023 ONCAT 69

Brian Cook

OCATCondominium Authority TribunalMar 13, 2023

Condominium ordered to reimburse towing costs as towing without warning was unreasonable enforcement of parking rules.

The applicant's resident parked his vehicle in the condominium's underground parking without displaying a parking pass and was ticketed and towed.

The applicant sought reimbursement for the ticket, towing costs, and tribunal fees.

The Tribunal found that while issuing a ticket was a reasonable enforcement of the parking rules, towing the vehicle without warning was unreasonable given the resident had recently moved in.

The condominium corporation was ordered to reimburse the towing costs and tribunal fees.

Hum v. Waterloo Standard Condominium Corporation No. 670, 2023 ONCAT 38

Brian Cook

OCATCondominium Authority TribunalJan 3, 2023

Consent order issued requiring tenant to remove barking dogs or vacate condominium unit.

The applicant condominium corporation brought an application regarding noise complaints about barking dogs in the respondents' unit.

The parties agreed to settle the matter by way of a consent order.

The tribunal issued the consent order requiring the tenant to vacate the unit or remove the dogs by a specified date, with the applicant absorbing all associated costs.

Toronto Standard Condominium Corporation No. 2823 v. Lewis et al., 2023 ONCAT 1

Applicant

Mary FerrariSelf-represented
2 appearances
David VizcayaSelf-represented
2 appearances
Angela PapanicolopoulouSelf-represented
1 appearance
Mario BanaagSelf-represented
1 appearance
Hina LiaqatSelf-represented
1 appearance
Michael NgSelf-represented
1 appearance
Shihab TahaSelf-represented
1 appearance
Kenneth MuiSelf-represented
1 appearance
Lilie YingSelf-represented
1 appearance
Michele Van BauwelSelf-represented
1 appearance
Anna DeaneSelf-represented
1 appearance
Donna CameronSelf-represented
1 appearance
Robert SmithSelf-represented
1 appearance
Kevin CavanaghSelf-represented
1 appearance
Eugenia MoralesSelf-represented
1 appearance
Kyle BordenSelf-represented
1 appearance
Sherifat OgunyeSelf-represented
1 appearance
David CurtisSelf-represented
1 appearance
John McLeodSelf-represented
1 appearance
Carlton GerrickSelf-represented
1 appearance

counsel

Justin McLartyCounsel
1 appearance

Counsel

Anthony SpadaforaCounsel
1 appearance
Nasrudin MuminCounsel
1 appearance
Helen DanielCounsel
1 appearance
Victor YeeCounsel
1 appearance
Paul RochfordCounsel
1 appearance
Lori MishibinijimaCounsel
1 appearance
Blair McCreadieCounsel
1 appearance
Kimberly MorrisCounsel
1 appearance
Naomi LoewithCounsel
1 appearance
Natalia PolisCounsel
1 appearance
Sari SpringerCounsel
1 appearance
Malcolm MacKillopCounsel
1 appearance
Ira GreenspoonCounsel
1 appearance
Bharat KapoorCounsel
1 appearance
George VuicicCounsel
1 appearance
David DanielsonCounsel
1 appearance
Dianne JozefackiCounsel
1 appearance
Mark RowlinsonCounsel
1 appearance
Michelle KellyCounsel
1 appearance

Counsel for Human Resources Professional Association and Rebecca Durcan

Erica RichlerCounsel
1 appearance

Counsel for Loblaw Companies Limited

McLean WoodCounsel
1 appearance

Counsel for Ontario College of Nurses, Proposed Respondent

Prya MorleyCounsel
1 appearance

Counsel for Ontario Lottery and Gaming Commission

David RossCounsel
1 appearance

Counsel for the Respondents

Paul RochfordCounsel
1 appearance

Counsel for the respondent United Steelworkers, Local 7135

Cathy BakerCounsel
1 appearance

for Alana Miller

Mark EllisCounsel
1 appearance

for AuRico Gold Inc.

Michael TorranceCounsel
1 appearance

for Carillion Services Inc.

Daniel ShieldsCounsel
1 appearance

for Caroline Roncadin

Amanda SmallwoodCounsel
1 appearance

for CAW

Anthony DaleCounsel
1 appearance

for Chrysler Canada

Clifford HartCounsel
1 appearance

for Complex Services Inc.

Paul PingueCounsel
1 appearance

for Contact Niagara for Children’s and Developmental Services and Todd Mason

Lonny RosenCounsel
2 appearances

for Corrine Long

Raj AnandCounsel
1 appearance

for CUPE

Ryan GoldvineUnion representative
1 appearance
Susan BallantyneCounsel
1 appearance

for CUPE, Interested party

Fred HoUnion representative
1 appearance

for CUPE Local 3166 and CUPE Local 5200

Elizabeth NurseCounsel
1 appearance

for Deborah DeGroot

Deborah DeGrootSelf-represented
1 appearance

for Delta Bingo Inc.

Sabatina VassalliCounsel
1 appearance

for Dufferin Vacant Land Condominium Corporation No. 22

Michelle KellyCounsel
1 appearance

for F Janzen Drug Limited

Derek ZulianelloCounsel
1 appearance

for Frank Smith

Anna MatasCounsel
1 appearance

for Gomez Sebastian and Tobias Abell

Mahi KeyvaniAgent
1 appearance

for Her Majesty the Queen in right of Ontario

Anita LyonCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario as Represented by the Minister of Education

Daniel HuffakerCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario as represented by the Ministry of Government Services

Stuart McMahonCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario as Represented by the Ministry of Training, Colleges and Universities

Bruce EllisCounsel
1 appearance

for herself

Elizabeth LewisSelf-represented
1 appearance
Chantelle SulaimanSelf-represented
1 appearance
Kirenia LindsaySelf-represented
1 appearance
Miranda PavelicSelf-represented
1 appearance

for himself

Tom SteersSelf-represented
1 appearance
David LawsonSelf-represented
1 appearance

for Honywell Safety Products

Sven PoysaCounsel
1 appearance

for Kinark Child and Family Services

Sabatina VassalliCounsel
2 appearances

for Laird Constructors

Scott ThompsonCounsel
1 appearance

for Loblaw Companies Limited and MacLean Wood

MacLean WoodCounsel
1 appearance

for Mahdi Keyvani

Mahdi KeyvaniSelf-represented
1 appearance

for Margaret De Wit

Self-representedSelf-represented
1 appearance

for Marty Burke

Marty BurkeSelf-represented
1 appearance

former representative for the Applicant

Leonard ReeceAgent
1 appearance

for Niagara Hospitality Hotels Inc.

Self-representedSelf-represented
1 appearance

for Norfolk County, Norview Lodge, Kim Jenereaux, and Cindy Arn

Ryan ConlinCounsel
1 appearance

for Ontario Charitable Gaming Association

Michael LiptonCounsel
1 appearance

for Ontario Lottery and Gaming Corporation

M. David RossCounsel
1 appearance
Tom MoutsatsosCounsel
1 appearance

for Ontario Public Service Employees Union

Hugh O’ReillyCounsel
1 appearance

for OPSEU

David WrightCounsel
1 appearance

for OPSEU Pension Trust

Ari KaplanCounsel
1 appearance

for Petro Canada

Susan MetzlerCounsel
1 appearance

for Regional Municipality of Waterloo, Helen Eby, Diana Ulett, Jacqueline Williams, Canday Wilts, Jean Shearer, Leanne Brooker, Kasia Znaniecki, and Patricia Wagler

Carl PetersonCounsel
1 appearance
Megan BealCounsel
1 appearance

for Scapa Tapes North America

Paula RusakCounsel
1 appearance

for Scapa Tapes North America and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial Local 6946-I

Katrina PeddleCounsel
1 appearance

for SEIU, Local 1 Canada

Karen WalshUnion representative
1 appearance

for Sheraton Gateway Hotel and Andrew Simmers

Donna D’AndreaCounsel
1 appearance

for Stevens Resource Group Inc.

Elizabeth TraynorCounsel
1 appearance

for St. John's

Lena VartanianCounsel
1 appearance

for the applicant

Glen MorrisonParalegal
1 appearance
Brenda CulbertAgent
1 appearance

for the Applicant

Christine LundyParalegal
6 appearances
John BartolomeoCounsel
5 appearances
Osborne BarnwellCounsel
4 appearances
Andrew SpragueSelf-represented
4 appearances
Glen MorrisonAgent
4 appearances
Shawn WestonParalegal
4 appearances
Beth WaldenCounsel
4 appearances
David VizcayaSelf-represented
3 appearances
Andrew PintoCounsel
3 appearances
Audrey VassellSelf-represented
3 appearances
Duane MyersSelf-represented
3 appearances
Victor YeeCounsel
3 appearances
George CarterSelf-represented
3 appearances
Donald CampbellSelf-represented
3 appearances
Alan BoswellSelf-represented
2 appearances
Irby ShepherdSelf-represented
2 appearances
Self-representedSelf-represented
2 appearances
Michael MooreSelf-represented
2 appearances
Ella VenholaCounsel
2 appearances
Daniel ParsonsSelf-represented
2 appearances

for the Applicants

Self-representedSelf-represented
1 appearance
Michelle BoyceSelf-represented
1 appearance
Roger MooreSelf-represented
1 appearance
Randy WeaverSelf-represented
1 appearance
Timothy WhiteSelf-represented
1 appearance
Laura WhiteSelf-represented
1 appearance
Brenda CulbertCounsel
1 appearance
Berhane TsehayeSelf-represented
1 appearance

for the Canadian Addiction Treatment Centres LP

Peter DudaCounsel
1 appearance

for the Canadian Commercial Workers Industry Pension Plan

Anthony GuindonCounsel
1 appearance

for the Canadian Union of Public Employees, Local 4807

David SteeleCounsel
1 appearance

for the College of Ontario Surgeons of Ontario

Monica TessierCounsel
1 appearance

for the Financial Services Commission of Ontario

Shemin ManjiCounsel
1 appearance

for the Halton Catholic District School Board

Brenda BowlbyCounsel
1 appearance

for the Intervener

Frank ReynoldsUnion representative
1 appearance

for the Intervenor

Stephanie HobbsCounsel
2 appearances
Paul O’RyanCounsel
2 appearances
Jessica HoffmanCounsel
1 appearance
David WrightCounsel
1 appearance
Brian AshtonCounsel
1 appearance
Gordon HumSelf-represented
1 appearance
Graham MartetteUnion representative
1 appearance
Michele Hamilton MayersCounsel
1 appearance
Jenifer JoplingCounsel
1 appearance
Catherine DavisCounsel
1 appearance
Shaheen HiraniCounsel
1 appearance
Aaron NeavesUnion representative
1 appearance
Katherine RowenCounsel
1 appearance
Heather Ann McConnellCounsel
1 appearance
Risa PancerCounsel
1 appearance
Piper HendersonCounsel
1 appearance
Ken DamUnion representative
1 appearance
Robert ChampagneCounsel
1 appearance
Jorge HurtadoCounsel
1 appearance
Mary Catherine ChambersCounsel
1 appearance

for the Intervenor York Regional Police Association

Bruce PriceCounsel
1 appearance

for The Law Foundation, Marion Boyd, and Chris Thomas

Elizabeth ForsterCounsel
1 appearance

for The Law Society of Upper Canada and Thomas Conway

Dolores BarbiniCounsel
1 appearance

for the Male Faculty Member

Ross WellsCounsel
1 appearance

for the Ministry of Children and Youth Services

Cheryl EllisonCounsel
1 appearance

for the Ministry of Community Safety and Correctional Services

Stewart McMahonCounsel
1 appearance

for the numbered company

Jeffery KerbelAgent
1 appearance

for the Office of the Independent Police Review Director, Respondent

Lynette D’SouzaCounsel
1 appearance

for the organizational respondent and the other personal respondents

Douglas AbrahamCounsel
1 appearance

for the Proposed intervenor

Melissa KronickCounsel
1 appearance

for the Proposed Personal Respondent

Simon-Pierre PaquetteCounsel
1 appearance

for the proposed respondent

Heather AldenUnion representative
1 appearance

for the Proposed Respondent

Kylie Crawford Ten BrookCounsel
1 appearance
Daryl CukiermanCounsel
1 appearance

for the Respondent

Greg BullenCounsel
5 appearances
Erica CappelloCounsel
3 appearances
Christopher RiggsCounsel
3 appearances
Andrew BrattCounsel
3 appearances
Colin YoungmanCounsel
3 appearances
David PatacairkCounsel
2 appearances
Kate DeardenCounsel
2 appearances
Mathieu DuceppeCounsel
2 appearances
Roy FilionCounsel
2 appearances
Seann McAleeseCounsel
2 appearances
Frank AngelettiCounsel
2 appearances
Samantha CrumbCounsel
2 appearances
Marnie CorboldCounsel
2 appearances
Jessica YoungCounsel
2 appearances
Evan VanDykCounsel
2 appearances
Daniel ChodosCounsel
2 appearances
Michael HorvatCounsel
2 appearances
Antonella CeddiaCounsel
2 appearances
Indira SawhCounsel
2 appearances
David WhittenCounsel
2 appearances

for the Respondent 1243564 Ontario Limited

Kathleen AndrewCounsel
1 appearance

for the Respondent 1243564 Ontario Limited o/a Total Scrap Management

Kathleen AndrewCounsel
1 appearance

for the Respondent Canadian Union of Public Employees and its Local 87

Gavin LeebCounsel
1 appearance

for the Respondent CAW

Anthony DaleCounsel
1 appearance

for the Respondent Chrysler Canada

Clifford HartCounsel
1 appearance

for the Respondent Chrysler Canada Inc.

Cliff HartCounsel
1 appearance

for the Respondent City of Hamilton

Brenda GloverCounsel
1 appearance

for the Respondent, Clint Williams

Thomas SargeantAgent
1 appearance

for the Respondent Francisco José De Andrade

Francisco José De AndradeSelf-represented
1 appearance

for the Respondent Hamilton Niagara Haldimand Brant Community Care Access Centre

Katharine ByrickCounsel
1 appearance

for the Respondent Hamilton Police Association

Joshua PhillipsCounsel
1 appearance

for the Respondent Hamilton Police Services Board

Marco VisentiniCounsel
1 appearance

for the Respondent Henry Rivas

Crista ReaCounsel
2 appearances

for the Respondent Her Majesty the Queen in Right of Ontario as represented by the Attorney General

Fatema DadaCounsel
1 appearance

for the Respondent Hotel Dieu Grace Hospital

Kate DeardenCounsel
1 appearance

for the Respondent Howard Hurwitz

Amanda SmallwoodCounsel
1 appearance

for the Respondent Mary Powell

Susan TothCounsel
1 appearance

for the Respondent Maxine Straker

Maxine StrakerSelf-represented
1 appearance

for the Respondent Michael Rogozinsky

Michael RogozinskySelf-represented
1 appearance

for the Respondent ParaMed Home Health Care

Shikha SharmaCounsel
1 appearance

for the Respondent Pomer and Boccia Professional Corporation

David PomerCounsel
2 appearances

for the Respondent, Prescott Standard Condominium Corporation No. 19

Mitchell RobinsonCounsel
1 appearance

for the Respondent Rogers Blue Jays Baseball Partnership dba Toronto Blue Jays Baseball Club

Arlen SternbergCounsel
1 appearance

for the respondents

Mr. LaplanteCounsel
1 appearance
Catherine PetersCounsel
1 appearance

for the Respondents

Susan MunnCounsel
4 appearances
Erin PorterCounsel
3 appearances
Patty MurrayCounsel
3 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Mathew MihailovichCounsel
2 appearances
Catherine PetersCounsel
2 appearances
Ellen LowCounsel
2 appearances
David GourlayCounsel
2 appearances
Kristin TaylorCounsel
2 appearances
Robert StewartAgent
2 appearances
Michelle AltonCounsel
2 appearances
Jean Leslie MarentetteCounsel
2 appearances
Philip GrahamCounsel
1 appearance
Tom MoutsatsosCounsel
1 appearance
Laura CassianiCounsel
1 appearance
Kate DeardenCounsel
1 appearance
David GoodmanCounsel
1 appearance
Chris EamesCounsel
1 appearance
Tim LawsonCounsel
1 appearance
Junny LoSelf-represented
1 appearance

for the Respondents, 2447127 Ontario Inc.

Thomas SchoenleberParalegal
1 appearance

for the Respondents Karim Zahraei and Roghaiyeh Salmani Farmand

Aysan ZahraeiAgent
1 appearance

for the Respondents Sabeena Misra, L. Atwood, France Fernando, Angela Novena, David Adekoya, Roy Diklich, Curtis Fedoruk and Adewale Akinisotu

Helen RichardsCounsel
1 appearance

for the Respondents Service Employees International Union Canada Local 1, Christine Gilbert and Mike Newell

Mike NewellUnion representative
1 appearance

for the Respondent, Stevens Resource Group

Elizabeth TraynorCounsel
1 appearance

for the Respondents The Corporation of Norfolk County, Norview Lodge, Kim Jenereaux and Jill Thompson

Ryan ConlinCounsel
1 appearance

for the Respondents The Regional Municipality of York Police Services Board and Kirk Marshall

Stephen MaioCounsel
1 appearance

for the Respondent The City of Thunder Bay

M. FricotCounsel
1 appearance

for the Respondent The Corporation of the City of Thunder Bay

Mandy FricotCounsel
1 appearance

for the Respondent The Regional Municipality of Peel Police Services Board

Paula RuzakCounsel
1 appearance

for the Respondent Ticketmaster Canada LP

Stuart SvonkinCounsel
1 appearance

for the Respondent Toronto Electric Model Aviation Club

Simon HinchcliffeAgent
1 appearance

for the Respondent Toronto Police Services Board

Andrea DenovanCounsel
1 appearance

for the Respondent Toronto Standard Condominium Corporation No. 1919

Bradley ChaplickCounsel
1 appearance

for the Respondent Toronto Standard Condominium Corporation No. 2471

Jessica HoffmanCounsel
1 appearance

for the Respondent Unifor and its Local 1285

Anthony DaleCounsel
1 appearance

for the Respondent University Health Network – Toronto Western Hospital

Lee LenkinskiCounsel
1 appearance

for the Respondent Windsor Regional Hospital

Paula TrattnerCounsel
1 appearance

for the Respondent, Workplace Safety and Insurance Board

Gurjit BrarCounsel
1 appearance

for the Service Employees International Union Canada, Local 1

Mike NewellUnion representative
1 appearance

for the Toronto District School Board

Wendy LopezCounsel
1 appearance

for the Workplace Safety and Insurance Board

Agnes WintersingerAgent
1 appearance
Greg BullenCounsel
1 appearance

for Unifor

Piper HendersonCounsel
1 appearance

for Unifor Local 1106, Karrie Mercier and Bill McLachlan

Kathryn BellCounsel
1 appearance

for United Steelworkers

Shaheen HiraniCounsel
1 appearance

for V.H. Fuels Inc.

Eric AmodeoCounsel
1 appearance

for Vince Kerrio

William HayterCounsel
1 appearance

for York University

Joanna RainbowCounsel
1 appearance

On her own behalf

Catherine ChanSelf-represented
1 appearance

On Her Own Behalf

Houdeh HoushangiSelf-represented
1 appearance

on his own behalf

Gilbert McIntyreSelf-represented
1 appearance

On his own behalf

Orlando PrescodSelf-represented
1 appearance
Beata PhilipSelf-represented
1 appearance
Jim HattonSelf-represented
1 appearance
Gansham NarayanSelf-represented
1 appearance

Respondent

Mary WinterSelf-represented
1 appearance
Scott HillAgent
1 appearance
Gordon FitzgeraldCounsel
1 appearance

Respondents

Jinan KubursiCounsel
1 appearance

Self-represented

Brenda DaughertySelf-represented
1 appearance
Candace BurgessSelf-represented
1 appearance
Elizabeth WoodworkSelf-represented
1 appearance
Judith PidgeonSelf-represented
1 appearance
Gary WoodsSelf-represented
1 appearance
Daniel MalloySelf-represented
1 appearance

The Applicant

Peter GeorgakopoulosSelf-represented
1 appearance
Angelo HarrisonSelf-represented
1 appearance
Fraser KegelSelf-represented
1 appearance
Olakemi SobomehinSelf-represented
1 appearance
Cheryl StoneburghSelf-represented
1 appearance
Suzanne CohenSelf-represented
1 appearance

The Intervenor

Victor YeeCounsel
1 appearance

The Respondent

Nasrudin MuminCounsel
1 appearance
Justin McLartyCounsel
1 appearance
Colette DagherAgent
1 appearance
Erik SavasCounsel
1 appearance
Chris MendesAgent
1 appearance
Victor YeeCounsel
1 appearance

Peikang DaiCounsel
1 appearance

757

Decisions

Years active

Tribunals

3.6

cases/mo

HRTO706(93%)

OCAT51(7%)

Decision types

motion

648

trial

109

/Adjudicator

Brian Cook — Member

Human Rights

Employment and Labour Law

Administrative Law

Other Tribunals

Real Estate Law

Workplace Safety and Insurance Law

Workers' Compensation

Landlord and Tenant

Health Law

ADR/Mediation Services

Brian Cook

Member·Condominium Authority Tribunal·Since 2008

OCAT HRTO

757

cases · 19 yrs · HRTO, OCAT

Trial

Motion

Costs

Appeal

Sentencing

Vice-chair· 554Adjudicator· 63Vice-chair· 63Member· 51Vice-Chair· 14Adjudicator· 8Vice-Chair· 1

Mitchell Robinson

In Private Practice5 cases2023–2025

Brian Cook

OCATCondominium Authority TribunalOct 24, 2024

Condominium Authority Tribunal application closed following applicant's withdrawal.

The applicant filed an application with the Condominium Authority Tribunal.

After the case proceeded to Stage 3, the applicant informed the Tribunal that they wished to withdraw their case.

The Tribunal accepted the withdrawal and ordered the case closed pursuant to Rule 43.1 of the CAT's Rules of Practice.

Mintcheva v. Williams et al., 2024 ONCAT 159

Victor Yee

Brian Cook

OCATCondominium Authority TribunalSep 26, 2024

Condominium owner ordered to keep large dog leashed and controlled on common elements following rule breaches.

Following the application, incidents involving alleged injuries to residents occurred, raising jurisdictional questions under section 117 of the Condominium Act.

The Tribunal found it retained jurisdiction because the central issue remained rule compliance, which could be determined independently of the injury allegations.

York Condominium Corporation No. 228 v. Sniderman, 2024 ONCAT 150

Michelle Kelly

Brian Cook

OCATCondominium Authority TribunalJun 20, 2024

Condominium owner ordered to remove nuisance dogs and pay costs after failing to participate in hearing.

The applicant condominium corporation sought an order requiring the respondent unit owner to remove two dogs from his unit, alleging they caused unreasonable noise and exhibited aggressive behaviour.

The respondent claimed the dogs were emotional support animals but failed to provide requested medical documentation and did not participate in the tribunal proceedings.

The tribunal found the dogs constituted a nuisance under the condominium's governing documents and the Condominium Act, 1998.

The tribunal ordered the removal of the dogs and directed the respondent to pay a portion of the applicant's pre-application legal costs and tribunal filing fees.

Wentworth Condominium Corporation No. 156 v. Halloum, 2024 ONCAT 87

Michael Pascu

6 cases2018–2024

Brian Cook

OCATCondominium Authority TribunalJun 11, 2024

Condominium application withdrawn and case closed after respondent sold unit and moved out.

The applicant condominium corporation filed an application with the Condominium Authority Tribunal.

The respondent subsequently sold her unit and moved out of the building.

The applicant requested to withdraw the application, which the Tribunal accepted, ordering the case closed.

York Region Standard Condominium Corporation No. 1134 v. Amato, 2024 ONCAT 79

Anthony Spadafora

Brian Cook

OCATCondominium Authority TribunalJun 4, 2024

Motion to reopen condominium noise dispute denied due to deliberate non-participation and admitted noise issues.

The respondents brought a motion to reopen a Condominium Authority Tribunal case in which they were found to have caused unreasonable noise.

The respondents argued they did not understand the online dispute resolution process and missed the hearing.

Toronto Standard Condominium Corporation No. 2944 v. Pavelic et al., 2024 ONCAT 74

Bharat Kapoor

In Private Practice25 cases2021–2026

Brian Cook

OCATCondominium Authority TribunalMay 8, 2024

Condominium application to remove second dog dismissed; owner entitled to submit human rights accommodation request.

The respondents argued the owner was a resident and required the second dog as an emotional support animal.

The Tribunal found the owner was at least an occasional resident or frequent guest and was therefore entitled to have his accommodation request considered under the Human Rights Code.

The application was dismissed, and the owner was directed to submit a formal accommodation request.

Metropolitan Toronto Condominium Corporation No. 1053 v. Ahluwalia et al., 2024 ONCAT 63

Anthony Spadafora

Brian Cook

OCATCondominium Authority TribunalApr 26, 2024

Condominium resident ordered to stop making unreasonable noise; owner ordered to pay compliance costs.

The applicant condominium corporation sought an order directing the respondent resident to stop making unreasonable noise and directing the respondent owner to ensure compliance.

The resident participated minimally and the owner did not participate.

The Condominium Authority Tribunal accepted the uncontested evidence of multiple noise complaints, including loud screaming and heavy objects being thrown late at night.

The Tribunal ordered the resident to cease making unreasonable noise and ordered the owner to pay pre-litigation compliance costs and tribunal fees.

Toronto Standard Condominium Corporation No. 2944 v. Pavelic et al., 2024 ONCAT 61

Brian Cook

OCATCondominium Authority TribunalApr 2, 2024

Tenant ordered to stop making unreasonable noise and landlord ordered to ensure compliance and pay costs.

The applicant condominium corporation applied to the Condominium Authority Tribunal regarding unreasonable noise and loud parties caused by a tenant.

Despite multiple warnings and a notice to terminate the lease from the landlord, the noise continued.

The tenant and landlord did not participate in the hearing.

The Tribunal found the tenant breached section 117(2)(a) of the Condominium Act, 1998, and ordered the tenant to cease making unreasonable noise.

The Tribunal also ordered the landlord to ensure the tenant's compliance, keep the corporation updated on Landlord and Tenant Board proceedings, and pay $150 in costs.

Toronto Standard Condominium Corporation No. 2025 v. Hassan, 2024 ONCAT 52

Brian Cook

OCATCondominium Authority TribunalNov 24, 2023

Tribunal enforces condominium settlement agreement but declines to enforce terms requiring disclosure prohibited by the Act.

The applicant unit owner alleged that the respondent condominium corporation breached a settlement agreement regarding access to records.

Cohen v. York Condominium Corporation No. 205, 2023 ONCAT 179

Brian Cook

OCATCondominium Authority TribunalNov 16, 2023

Condominium owner ordered to keep amplified music and karaoke at reasonable levels during social gatherings.

The applicant condominium owner complained of unreasonable noise from the respondent neighbour's unit and backyard, specifically from social gatherings involving amplified music and karaoke.

The respondent was ordered to ensure amplified sound levels are not unreasonably loud, and to pay the applicant's $150 Tribunal filing fee.

Arulpiragasam v. Nguyen, 2023 ONCAT 174

Brian Cook

OCATCondominium Authority TribunalNov 10, 2023

Condominium corporation ordered to investigate and mitigate unreasonable impact noise transmitting from gym to residential unit.

The applicant provided acoustical engineering evidence demonstrating that dropped barbells and door latches caused significant structure-borne noise.

The condominium corporation argued that the applicant should have expected some noise when purchasing a unit above a gym and that it had taken sufficient steps by posting warning signs.

The Tribunal found that while some noise was to be expected, the impact noise from the gym was objectively unreasonable and constituted a nuisance under section 117(2) of the Condominium Act, 1998.

The Tribunal ordered the corporation to investigate the causes of the noise and develop a plan to mitigate it, and awarded the applicant his tribunal fees.

Park v. Toronto Standard Condominium Corporation No. 2775, 2023 ONCAT 171

Victor Yee

Brian Cook

OCATCondominium Authority TribunalOct 11, 2023

Consent order issued resolving condominium dispute over dogs and unwanted guests.

The applicant condominium corporation filed an application regarding complaints about dogs residing in the respondent's unit.

The parties reached a settlement during Stage 2 mediation in the Condominium Authority Tribunal's online dispute resolution system.

York Condominium Corporation No. 329 v. Valido, 2023 ONCAT 149

Megan Mackey

In Private Practice9 cases2022–2026

Inderpreet Suri

19 cases2020–2024

Brian Cook

OCATCondominium Authority TribunalOct 6, 2023

Consent order issued requiring condominium resident to cease making unreasonable noise and causing disturbances.

The applicant condominium corporation filed an application regarding complaints of significant disruption and unreasonable noise caused by a resident.

The parties agreed to settle the matter via a consent order.

The tribunal ordered the resident to cease making unreasonable noise or causing disturbances on the property, and established a communication protocol for future incidents.

Halton Condominium Corporation No. 534 v. A et al., 2023 ONCAT 145

Brian Cook

OCATCondominium Authority TribunalAug 31, 2023

Condominium corporation's enforcement application dismissed for failing to recognize unit owner's legacy smoking exemption.

The applicant condominium corporation sought an order declaring that the respondent unit owner violated its smoke-free environment rule and sought payment of costs associated with enforcement.

The respondent and her sons had previously been granted legacy status exempting them from the rule.

The application was dismissed, the legacy status was confirmed, and the condominium corporation was ordered to reverse all chargebacks and pay $2,000 in legal costs to the respondent.

York Condominium Corporation No. 50 v. Overholt, 2023 ONCAT 123

Michelle Kelly

Brian Cook

OCATCondominium Authority TribunalAug 28, 2023

Condominium owner ordered to replace outdoor light fixture to comply with declaration requiring diffused lighting.

The applicant, a condominium owner, sought an order requiring his neighbour to replace or modify an outdoor light fixture that shone into his unit.

The Tribunal ordered the respondent to modify or replace the fixture to comply with the declaration.

The applicant's request for costs was denied due to his harassing behaviour toward the respondent during the proceedings.

Bates v. Cannon et al., 2023 ONCAT 118

Brian Cook

OCATCondominium Authority TribunalJul 21, 2023

Tribunal found tenants accidentally breached settlement by allowing dog off leash; ordered compliance and $125 fees.

The Tribunal reviewed video evidence and found that the dog had been outside without a leash on several occasions, establishing a contravention.

However, the Tribunal concluded the incidents were accidental and did not warrant the removal of the dog or significant costs.

The Tribunal ordered the tenant respondents to abide by the settlement, ensure their leash is strong enough, exercise greater caution when opening their door, and pay $125 in Tribunal fees.

Middlesex Condominium Corporation No. 337 v. 2447127 Ontario Inc. et al., 2023 ONCAT 100

Brian Cook

OCATCondominium Authority TribunalJun 5, 2023

Condominium landlord ordered to pay damages for failing to timely address tenant's unreasonable noise.

The applicant condominium owner sought relief regarding unreasonable noise and disruption caused by the tenant of the unit below hers.

The respondent landlord delayed initiating eviction proceedings at the Landlord and Tenant Board despite repeated complaints.

The Tribunal ordered the tenant to cease the noise and ordered the landlord to pay the applicant $1,350 for lost rental income and $150 for filing fees.

Ambrose v. Campeau et al., 2023 ONCAT 75

Victor Yee

Brian Cook

OCATCondominium Authority TribunalMay 18, 2023

Consent order issued resolving a condominium dispute over unreasonable odours following a mediation settlement.

The applicant condominium corporation and the respondent unit owner reached a settlement during Stage 2 mediation regarding complaints of unreasonable odours emanating from the respondent's unit.

The parties agreed to a consent order requiring the respondent to comply with the Condominium Act, 1998 and the corporation's rules.

The applicant agreed to provide 48 hours' notice for any future odour complaints before taking action and waived its right to seek costs related to the application or remediation.

The Condominium Authority Tribunal issued the consent order to resolve the dispute.

York Condominium Corporation No. 228 v. G. R., 2023 ONCAT 69

Brian Cook

OCATCondominium Authority TribunalMar 13, 2023

Condominium ordered to reimburse towing costs as towing without warning was unreasonable enforcement of parking rules.

The applicant's resident parked his vehicle in the condominium's underground parking without displaying a parking pass and was ticketed and towed.

The applicant sought reimbursement for the ticket, towing costs, and tribunal fees.

The Tribunal found that while issuing a ticket was a reasonable enforcement of the parking rules, towing the vehicle without warning was unreasonable given the resident had recently moved in.

The condominium corporation was ordered to reimburse the towing costs and tribunal fees.

Hum v. Waterloo Standard Condominium Corporation No. 670, 2023 ONCAT 38

Brian Cook