Lacuna v. York Condominium Corporation No.489, 2026 ONCAT 23

CONDOMINIUM AUTHORITY TRIBUNAL

DATE: February 11, 2026 CASE: 2025-00829N Citation: Lacuna v. York Condominium Corporation No.489, 2026 ONCAT 23

Order under Rule 19.1 of the Condominium Authority Tribunal’s Rules of Practice

Member: Patricia McQuaid, Vice-Chair

The Applicant: Will Lacuna, Self-Represented

The Respondent: York Condominium Corporation No. 489

Submission Dates: January 19, 2026 to January 26, 2026

DISMISSAL ORDER

1This application is dismissed under Rule 19.1 of the CAT’s Rules of practice for the following reasons.

1. The Applicant filed a nuisance application with the Condominium Authority Tribunal (“CAT”) against York Condominium Corporation No. 489 (“YCC 489”). The Applicant is a unit owner in YCC 489.

2. The Applicant alleges that YCC 489 requested that he remove the portable basketball net he inherited from a neighbor who had moved out. The Applicant argues that the net is portable, safe and has previously been used without issue. As a result, the Applicant believes YCC 489 may not be enforcing its rules fairly and sought guidance from the CAT.

3. The CAT returned the application, explaining that the Tribunal can only consider issues which fall within its jurisdiction under s. 117(2) of the Condominium Act, 1998 (the “Act”) and Ontario Regulation 179/17 (“O. Reg. 179/17”). When returning the application, the Tribunal asked the Applicant to update the application and resubmit it to include an issue within the Tribunal’s jurisdiction.

4. The Applicant resubmitted the application without updating it or providing a provision that falls within the Tribunal’s jurisdiction. In particular, the Applicant did not identify a relevant provision as provided under s. 1 (1) (d) (iii.2) of O. Reg. 179/17, which states the following:

The prescribed disputes for the purposes of subsections 1.36 (1) and (2) of the Act are,

(d) subject to subsection (3), a dispute with respect to any of the following provisions of the declaration, by-laws or rules of a corporation:

(iii.2) Provisions that prohibit, restrict or otherwise govern any other nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation.

5. The issues raised by the Applicant do not appear to relate to a matters which the Tribunal has the authority to consider.

2The Tribunal issued a Notice of Intent to Dismiss the case to the Applicant in which it set out the issues with the application as set out above. The Applicant was given the opportunity to respond and explain why the case should not be dismissed. The Applicant did not respond to the Notice.

3I find that the CAT has no legal authority to hear or decide this dispute and therefore this case shall be dismissed.

ORDER

4The Tribunal orders the case dismissed.

Patricia McQuaid

Vice-Chair, Condominium Authority Tribunal