CONDOMINIUM AUTHORITY TRIBUNAL
DATE: September 12, 2025 CASE: 2025-00509N
Order under section 1.41 of the Condominium Act, 1998.
Member: Ian Darling, Chair
The Applicant, Diana Taylor Represented by Alishia Lavallie, Council
The Respondent, Niagara South Condominium Corporation No. 12 The Respondent, Beverly Eldridge
Submission Dates: August 29, 2025 to September 5, 2025
DISMISSAL ORDER
1The Tribunal has no legal authority to decide this dispute. This order explains why the Tribunal is dismissing this application. The application was filed under the tribunal’s authority to decide disputes related to a provision in the governing documents that restricts, prohibits or otherwise governs “other” nuisance, annoyance or disruption.
2The application alleges that that the board of directors of Niagara South Condominium Corporation No. 12 (“NSCC 12”) (the Respondent) has engaged in conduct amounting to harassment of the Unit Owner. The Owner owns a unit in NSCC 12. The dispute appears to centre around the board’s response to a request for records and financial information by the Applicant.
3The Applicant claims that after she made the requests for records, she has been subjected to harassment and bullying by members of the condominium board.
4The application asserted that this constituted an “other” nuisance activity but did not identify provisions relevant to the issues raised. The CAT explained that the Tribunal could hear matters regarding harassment, however, the application must identify a specific provision(s) within the condo corporation’s governing documents, (the declaration, by-laws and rules) relevant to this issue raised and upload these documents. The Applicant was advised to provide a relevant provision to the issue before resubmitting the application.
5The Applicant identified the corporation’s harassment policy. While the policy prohibits harassment and sets out specific types of harassment, it is not within the corporation’s declaration, by-law or rules.
6The Tribunal issued a Notice of Intent to Dismiss the case. The Applicant responded to state that the application was not vexatious, and related to genuine issues within the community including concerns about financial management and governance. The Applicant identified provisions in the governing documents related to general governance, and the role of the board in managing the corporation.
7The Tribunal’s jurisdiction is established by the Condominium Act, 1998 (“the Condo Act”) and the Ontario Regulation 179/17 (“O. Reg. 179/17”). They contain the specific wording of the CAT’s jurisdiction.
8I recognize that the Applicant has identified active disputes within the community, and identified provisions relevant to those disputes however, these provisions do not relate to an activity the creates a nuisance, annoyance of disruption.
9Although there is an anti-harassment policy, it is not in the governing documents, and therefore, the Tribunal has no authority to address the activities in dispute in this case. The case is dismissed under Rule 19 of the CAT’s Rules of Practice because the CAT has no legal power to hear or decide upon the dispute.
ORDER
10The Tribunal orders the Application dismissed.
Ian Darling Chair, Condominium Authority Tribunal
Released on: September 12, 2025