CONDOMINIUM AUTHORITY TRIBUNAL
Order under section 1.41 of the Condominium Act, 1998.
Member: Ian Darling, Chair
The Applicant, Kristina Rubakha Self-represented
The Respondent, York Region Standard Condominium Corporation No. 1175
Submission Dates: July 5, 2024 to July 12, 2024
DISMISSAL ORDER
1This application was submitted to the Condominium Authority Tribunal (CAT) on October 12, 2023. The CAT reviewed the application, and identified jurisdictional problems that needed to be addressed before it could be accepted. Since then, the application has been re-submitted seven (7) times and still could not be accepted.
2The Applicant has been cautioned that the dispute must fall within the CAT’s jurisdiction. The Applicant did not respond or revise the application between February 2024 and June 2024. The most recent revision was submitted on June 28, 2024. The issues in dispute have changed since the first application but remain outside of the CAT’s jurisdiction.
3Under Rule 19.1 of the CAT’s Rules of Practice, the CAT can close a case if the CAT determines that it has no legal power to hear or decide upon the dispute. The CAT is dismissing the application because the issues in dispute fall outside of the Tribunal’s jurisdiction.
4The application alleges that the conduct of one of the board members violates York Region Standard Condominium Corporation No. 1175’s Anti‑Harassment policy.
5The CAT’s jurisdiction is established by Ontario Regulation 179/17 (“O. Reg. 179/17”). It contains the specific wording of the CAT’s jurisdiction. The CAT does not have the legal authority to decide issues that are outside its jurisdiction.
6Under section 1 (1) (d) of O. Reg. 179/17, the CAT has jurisdiction to address disputes related to provisions of the “declaration, by-laws or rules (emphasis added) of a corporation” that “prohibit, restrict or otherwise govern any other nuisance, annoyance or disruption”.
7The Application is asking the CAT to issue an order to enforce the Anti‑Harassment policy. The policy is not a declaration, by‑law or rule, and is therefore outside the Tribunal’s jurisdiction.
8Further, the Anti‑Harassment policy is dated June 3, 2024. The application was first filed in 2023 on an unrelated matter, approximately five months before the policy came into effect. None of the seven iterations of the problem description were complete to allow the CAT to approve the application. This appears to be seeking to fit a dispute into the CAT’s jurisdiction, rather than seeking to resolve a problem that the CAT has the power to address. I conclude that this is attempting to file the case for an improper purpose.
9The CAT issued a Notice of Intent to Dismiss the application. The Applicant responded to say that the underlying issues (related to the conflict with the board member) are the same as in October 2023. Notwithstanding the length of the dispute, the Applicant has not addressed the Tribunal’s concern that it does not have the power to decide the issue.
10I find that the issues that make up this dispute are not within the jurisdiction of the CAT. Accordingly, I order that this case be dismissed.
ORDER
11The Tribunal orders the application dismissed.
Ian Darling
Chair, Condominium Authority Tribunal
Released on: July 22, 2024