Condominium Authority Tribunal (CAT) expanding jurisdiction on January 1, 2022

This is just a reminder that the Condominium Authority Tribunal (CAT)'s jurisdiction will be expanding as of January 1, 2022 and will cover disputes about "nuisance, annoyance or disruption" (see the Condominium Act subsection 117(2)), and these will include more specifically:

noise (see the Condominium Act ss. 117(2)), as well as:

1. "odour
2. smoke
3. vapour
4. light
5. vibrations"

(see O. Reg. 654/21 s. 1 and/or amendments to O. Reg. 48/01 s. 26)

Condominium Act s. 117:

O. Reg. 48/01 s. 26:

This expansion of CAT's jurisdiction is covered in O. Reg. 655/21, amending O. Reg. 179/17:

Note:

It is worth noting that, even though the CAT's expanded jurisdiction will now cover disputes related to "nuisance, annoyance or disruption" (as per the Condominium Act ss. 117(2)), CAT's jurisdiction still will NOT cover disputes concerning the "Dangerous Activities" listed under the Condominium Act ss. 117(1), i.e. "activities that are likely to damage the property or the assets or cause an injury or an illness to an individual" (see the Condominium Act ss. 1.36(4) - "Applications" - Exception"). The latter types of disputes will have to continue being brought before the Superior Court.

Condominium Act section 1.36:

Disclaimer:

You should not act or rely on any information provided in this blog. It is not legal advice, and the content is provided for general discussion and general information purposes only and to help encourage further research. To ensure your interests are protected, retain or formally seek legal advice from a licensed legal professional.

Never disclose details about your specific legal matters outside of situations when you have established solicitor-client relationship with a qualified legal professional. By using this blog, you acknowledge and accept this warning and agree to waive all liability for use of any information contained in this blog.