CONDOMINIUM AUTHORITY TRIBUNAL
DATE: October 22, 2024
CASE: 2024-00578N
Order under section 1.41 of the Condominium Act, 1998.
Member: Keegan Ferreira, Vice-Chair
The Applicant, Marina Tsatskin
Represented by Elisheva Eisenberg, Paralegal
The Respondents, Del Property Management Inc.
Alexandra Dagg
Submission Dates: October 4, 2024, to October 15, 2024
DISMISSAL ORDER
1The Applicant filed an application with the Condominium Authority Tribunal (CAT). The Tribunal’s staff advised the Applicant twice on September 17 and 19, 2024, that the Tribunal cannot accept an application filed against a condominium manager or management services provider. They submitted the application a total of three times, and in each instance named Del Property Management Inc. as a respondent.
2The CAT issued a Notice of Intent to Dismiss the case on October 4, 2024 with a deadline for submissions by the Applicant set for October 11. On October 11, the Tribunal received a request for extension from the Applicant’s representative. The request was granted, and a new deadline was set for October 15. Though the extension was granted, the Applicant made no submissions.
3The Tribunal proposed to dismiss this application for the following reasons:
The applicant has named Del Property Management Inc. as a Respondent in this case, despite having been advised that the Tribunal cannot accept an application filed against a condominium manager / management services provider per section 1.36 of the Condominium Act, 1998 (the “Act”).
The subject matter of the application relates to subsection 117(1) of the Act. Ontario Regulation 179/17, which sets out the Tribunal’s jurisdiction, specifies that the Tribunal cannot deal with any dispute that is also with respect to subsection 117 (1).
The issues raised in this application appear to relate to those already before the Ontario Superior Court of Justice in Court File No. CV-24-00726588-0000C.
4This application is dismissed under Rule 19.1 of the CAT’s Rules of Practice, which specifies that the Tribunal can close an application that is about issues that the CAT has no legal power to hear or decide. Section 1.36 of the Act specifies who can file applications with the Tribunal, and against whom they can be filed. The Tribunal cannot accept applications filed against condominium managers or management service providers. As this application cannot be accepted for this reason, it is not necessary for me to determine whether the dispute is also with respect to subsection 117 (1) or whether the issues are already being addressed in proceedings before the Superior Court of Justice.
ORDER
5The Tribunal orders the application be dismissed.
Keegan Ferreira
Vice-Chair, Condominium Authority Tribunal
Released on: October 22, 2024