Condominium Authority Tribunal
Date: March 19, 2026 Case: 2026-00136N Citation: Julien v. Toronto Standard Condominium Corporation No. 2338, 2026 ONCAT 52
Order under Rule 19.1 of the Condominium Authority Tribunal’s Rules of Practice
Member: Patricia McQuaid, Vice-Chair
The Applicant: Marc Julien, Self-represented The Respondent: Toronto Standard Condominium Corporation No. 2338
Submission Dates: March 3, 2026 to March 10, 2026
DISMISSAL ORDER
1Marc Julien, a unit owner of Toronto Standard Condominium Corporation No. 2338 (“TSCC 2338”), filed an application with the Condominium Authority Tribunal (the “Tribunal”) on February 12, 2026. In the application, he described chronic elevator failure and breach of maintenance obligations by TSCC 2338, stating that the issues in dispute related to TSCC 2338’s “systematic failure to maintain elevators … breaching Section 89” of the Condominium Act, 1998 (the “Act”). He asserts that for months only one of the three building elevators has been operational, demonstrating unreasonable resource allocation.
2Because the Act does not give the Tribunal jurisdiction over repairs and maintenance obligations (covered by s. 89–92 of the Act), on March 2, 2026, the Tribunal issued a Notice of Intent to Dismiss as it appeared that the dispute does not fall within the Tribunal’s jurisdiction. The Applicant was given the opportunity to respond to the Notice—to explain why the case should not be dismissed. The deadline for providing those submissions was March 10, 2026. The Applicant did not respond.
3The Tribunal’s jurisdiction to deal with disputes is very specifically set out in Ontario Regulation 179/17. The Tribunal does not have jurisdiction over any and all provisions in a condominium corporation’s governing documents. Sections 89–92 of the Act—general maintenance and repair obligations—are not provisions over which the Tribunal has been given jurisdiction. Based on the Applicant’s clear statement of the problem which he seeks to have determined, it is properly characterized as possible breach of TSCC 2338’s repair and maintenance obligations under the Act or under its governing documents.
4Rule 19.1 (c) of the Tribunal’s Rules of Practice states that the Tribunal may dismiss an application at any time when it has no legal power to hear or decide the issues in dispute. The Tribunal does not have the power to decide this dispute because the issues are not within its jurisdiction. Accordingly, I order this application dismissed.
ORDER
5The Tribunal orders the application dismissed.
Patricia McQuaid Vice-Chair, Condominium Authority Tribunal
Released on: March 19, 2026