Condominium Authority Tribunal
Date: April 17, 2026
Case: 2026-00266N
Citation: Perzhynska v. Water’s Edge Condominiums 2026 ONCAT 72
Order under Rule 19.1 of the Condominium Authority Tribunal’s Rules of Practice.
Member: Nicole Aylwin, Vice Chair
The Applicant: Kristina Perzhynska, Self-Represented
The Respondent: Water’s Edge Condominiums
DISMISSAL ORDER
1The Applicant, Kristina Perzhynska, filed an application with the Condominium Authority Tribunal (“CAT”) alleging that the corporation had failed to respond to her complaints regarding unreasonable smoke and odour from another unit. The CAT has reviewed the application but has not accepted the case.
2Under Rule 19.1 of the CAT’s Rules of Practice, the CAT can dismiss a case at any time if the CAT determines that it has no legal power to hear or decide upon the dispute.
3The Applicant is a tenant.
4Section 1.36 of the Condominium Act, 1998 (the “Act”) sets out who may apply to the CAT for the resolution of a prescribed dispute. Section 1.36 (2) stipulates that an owner or a mortgagee of a unit may apply to the Tribunal for a resolution of a prescribed dispute with the corporation. The Applicant is neither. The CAT has no authority to hear or decide a case filed by a tenant.
5As the Applicant has no standing to continue this application, I order the application dismissed.
ORDER
6The Tribunal orders the application dismissed.
Nicole Aylwin
Vice-Chair, Condominium Authority Tribunal
Released on: April 17, 2026