Stephen Roth

The applicant, a condominium owner, filed a case with the Condominium Authority Tribunal alleging the respondent condominium corporation failed to provide requested records, including meeting minutes, financial statements, and an AGM audio recording.

The Tribunal found that while the respondent eventually provided most records during the hearing, it initially refused several without a reasonable excuse.

The Tribunal ordered the respondent to verify and produce the final approved shared facility minutes and the AGM audio recording if they exist.

The Tribunal also ordered the respondent to pay a $1,000 penalty for its failure to provide records without reasonable excuse, awarded $200 in costs to the applicant, and mandated that the condominium board complete corporate records training.

The applicant unit owner brought a case before the Condominium Authority Tribunal alleging the respondent condominium corporation breached a settlement agreement from a previous dispute.

The agreement required the respondent to provide unaudited financial statements and a $25 cheque for filing fees.

The Tribunal found the respondent inadvertently breached the agreement by omitting pages from the financial statements, but held the payment of the $25 in cash rather than by cheque was a de minimis breach.

The Tribunal declined to award a penalty, finding it lacked jurisdiction to do so when enforcing a settlement agreement, and awarded the applicant partial costs of $75.

The applicant, a condominium unit owner, brought an application against the respondent owner of the unit above her, alleging unreasonable noise and nuisance caused by the respondent's family and visiting grandchildren.

The applicant complained of thumping, running, and children playing.

The Condominium Authority Tribunal found that the noises described were consistent with everyday living and did not constitute a substantial and unreasonable interference with the applicant's quiet enjoyment.

The application was dismissed with no costs awarded.

The applicant unit owner alleged that the respondent condominium corporation breached a settlement agreement regarding the procedure for records requests.

The agreement designated a specific employee at the condominium's management company to handle the applicant's requests.

The respondent subsequently changed its records request procedure, and the designated employee later resigned when the management company was acquired.

The Tribunal found that while the respondent technically breached the agreement before the employee's resignation, the breach was de minimis.

Furthermore, the Tribunal held that the specific term of the settlement agreement became frustrated and impossible to perform due to the employee's departure and the management company's acquisition.

The application was dismissed with no costs awarded.

The applicant condominium corporation alleged that the respondent unit owner breached a settlement agreement regarding his emotional support dog.

The agreement required the dog to wear an emotional support vest on common elements and for the respondent to provide proof of city registration.

The Tribunal found that the respondent breached the agreement by using a collar instead of a vest, and ordered compliance.

The Tribunal also found the respondent breached the registration provision but cured the breach during the hearing.

Costs of $875 were awarded to the applicant.

The applicant condominium owner requested board meeting minutes from the respondent condominium corporation.

The respondent provided the records late and subsequently demanded $960.50 in legal fees related to the request, threatening a lien if unpaid.

The applicant paid under duress and applied to the Condominium Authority Tribunal for reimbursement.

The Tribunal found the respondent waived its right to charge a fee by failing to provide a fee estimate before producing the records.

The Tribunal ordered the respondent to reimburse the $960.50 fee and the $9.95 cost of the money order.

The Tribunal declined to order a penalty but directed the board members to complete mandatory training and ordered the respondent to amend its records policy to comply with the Condominium Act.

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

The case proceeded to Stage 2 mediation, and the applicant was given the opportunity to move the case to Stage 3.

The applicant failed to advance the case within the required 15-day period.

Consequently, the Tribunal ordered the case closed and dismissed under Rule 34.3 of the CAT's Rules of Practice.

The respondents in a Condominium Authority Tribunal (CAT) application brought a motion to stay or adjourn the CAT proceeding pending the resolution of a related application they filed with the Human Rights Tribunal of Ontario (HRTO).

The underlying dispute involved the condominium corporation's enforcement of breed and weight restrictions against a resident's service dog.

The Tribunal applied the factors for staying multiple proceedings and found that the CAT application was ready to proceed, the HRTO application had not yet been served, and the CAT had jurisdiction to resolve the human rights issues.

The motion for a stay was dismissed.

The applicant filed an application with the Condominium Authority Tribunal which proceeded to Stage 3.

The applicant subsequently informed the Tribunal that the issues in dispute had been resolved and requested to withdraw the case.

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

The applicant condominium owner requested the record of owners and mortgagees and the general ledger for repairs and maintenance from the respondent condominium corporation.

The respondent failed to respond within the statutory 30-day period and initially failed to provide the older ledger records or a fee estimate for their retrieval from storage.

The Tribunal found the respondent's fee estimate of $167.60 for retrieving the older records was reasonable and that the respondent was entitled to redact references to specific units and owners.

However, the Tribunal ordered the respondent to pay a $500 penalty for its initial refusal to provide the older records without a reasonable excuse, along with $75 in costs.

The applicant filed an application with the Condominium Authority Tribunal which proceeded to mediation.

The applicant failed to participate in the mediation for over a month despite repeated requests.

After issuing a Notice of Intent to Dismiss and receiving no submissions from the applicant, the Tribunal found the case to be abandoned and ordered it dismissed pursuant to Rule 32.3 of the CAT's Rules of Practice.