Beni v. Essex Condominium Corporation No. 39, 2026 ONCAT 70

CONDOMINIUM AUTHORITY TRIBUNAL

DATE: April 15, 2026
CASE: 2026-00223R
Citation: Beni v. Essex Condominium Corporation No. 39, 2026 ONCAT 70

Order under Rule 4 of the Condominium Authority Tribunal’s Rules of Practice.

Member: Nicole Aylwin, Vice-Chair

The Applicant, Anne Beni
Self-Represented

The Respondent, Essex Condominium Corporation No. 39
Represented by Maran Thirukaran, Agent

Submission Date: March 17, 2026

MOTION ORDER

1The Applicant, Anne Beni, filed a records case with the Condominium Authority Tribunal (the “Tribunal”) claiming that her unit ledger is inadequate because it contains an inaccurate line item for a $2,500 charge for a repair to a common element. On March 17, 2026, shortly after the case was accepted and had moved into Stage 1 – Negotiation, Ms. Beni made a request for an Interim Order. She requested that the Tribunal stay the collection of the $2,500 chargeback she believes was inaccurately recorded in the ledger. She asserts that if the Respondent were to attempt to collect the $2,500 while this case was ongoing it would prejudice the outcome of the case, although she does not indicate how. She also asserts that if the Respondent attempts to collect the chargeback it will cause her financial hardship and result in the Respondent making an unauthorized banking transaction (by debiting her account without her permission).

2The issues before the Tribunal in this case are about records; the issue of whether the chargeback disputed by the Applicant is valid is not an issue the Tribunal can decide at any point in this case. The Tribunal’s jurisdiction is set out in the Regulations of the Condominium Act, 1998 (specifically, Ontario Regulation 179/19). The Tribunal does not have the authority to hear or decide disputes related to chargebacks that flow from maintenance and repair issues. Even if the claims made by the Applicant about the records are determined to be true (a point on which I make no finding), it would not bring the question of whether the chargeback levied against the Applicant is valid and could or ought to be collected into the jurisdiction of the Tribunal.

3The interim order requested by the Applicant asks the Tribunal to order a type of relief that is not directly related to the issues in this case and would require the Tribunal to make an order that restricts the Respondent’s right to seek collection of a chargeback related to maintenance and repair issues—an issue over which the Tribunal has no jurisdiction. For these reasons, I decline to make the order requested.

ORDER

4The motion is dismissed.

Nicole Aylwin

Vice-Chair, Condominium Authority Tribunal