Here is a recent CAT ruling which might be of interest for condo owners: "[5] The CAT Rules of Practice define an occupant as “an individual or legal entity that occupies a unit that they do not own. This includes residential and commercial tenants.” Under section 1.36 (2) of the Act, applications can be filed against a condominium corporation, an owner of a unit, and/or an occupant of another unit.
[6] I conclude that the Act and the CAT’s Rules refer only to current owners and occupants. There is no dispute that the Intervenor was no longer a tenant when the application was filed. Accordingly, as this as-yet unidentified Intervenor was not an occupant of the unit when the case was filed, they should not be listed as an Intervenor in this case."
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"[...]
[2] When the CAT accepted this case, the CAT was under the impression that the issues in dispute relate to the conduct of a current occupant of a unit owned by Anh Lam in Toronto Standard Condominium Corporation No. 2166.
[3] Anh Lam, a Respondent in this case informed the CAT’s staff on February 2, 2022, that the issues in dispute do not relate to any current tenant / occupant of their unit and instead relate to a former tenant / occupant.
[4] The CAT issued a notice of intent to remove the Tenant from the case. The Applicant confirmed that the case was about the conduct of a former tenant. The Applicant further asserted that although section 1.36 (2) of the Condominium Act, 1998 (the “Act”) states that “an owner or a mortgagee of a unit may apply to the Tribunal for the resolution of a prescribed dispute with the corporation, another owner or an occupier or a mortgagee of a unit,” it does not specify that the tenant must be a current occupier.
[5] The CAT Rules of Practice define an occupant as “an individual or legal entity that occupies a unit that they do not own. This includes residential and commercial tenants.” Under section 1.36 (2) of the Act, applications can be filed against a condominium corporation, an owner of a unit, and/or an occupant of another unit.
[6] I conclude that the Act and the CAT’s Rules refer only to current owners and occupants. There is no dispute that the Intervenor was no longer a tenant when the application was filed. Accordingly, as this as-yet unidentified Intervenor was not an occupant of the unit when the case was filed, they should not be listed as an Intervenor in this case.
ORDER
[7] The Tribunal orders that the unidentified tenant occupant of the unit owned by Anh Lam be removed as an Intervenor from this case.
[...]"
Update:
A recent CAT ruling published on CanLII briefly addresses the following question:
Can a tenant file with the Condominium Authority Tribunal?
"[7] Section 1.36 of the Act stipulates that owners, and condominium corporations can apply to the Tribunal for the resolution of disputes. Occupants, or tenants do not have standing before the CAT to bring a case. Therefore, since the Applicant and her common-law spouse are not currently owners of the unit in question, they do not have standing to file an application with the Tribunal."
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"[1] The Applicant filed an application with the Condominium Authority Tribunal (CAT). The case proceeded to Stage 1 - Negotiation.
[2] Under Rule 19.1 of the CAT’s Rules of Practice, the CAT can close a case in Stage 1 - Negotiation if the CAT determines that that it has no legal power to hear or decide upon the dispute.
[3] The Application was filed by Allison Walsh regarding compliance with provisions in the condominium corporation’s governing documents related to pets; and the reasonableness and/or consistency of the corporation’s rules.
[4] The Respondent submitted a motion to request the CAT dismiss this case because Allison Walsh is not a unit owner of London Condominium Corporation No. 39, and therefore is not entitled to file an application with the CAT under section 1.36 of the Condominium Act, 1998 (the “Act”).
[5] The CAT gave both parties an opportunity to make submissions.
[6] The Applicant confirmed that she is an occupant of the unit. She is in a common-law relationship with a relative of the owner of the unit. The Applicant further confirmed that they are in the process of having the ownership of the unit transferred to her partner’s name. The Applicant submitted that, since the ownership was changing, and they are in a common-law relationship, they should be able to continue this case.
[7] Section 1.36 of the Act stipulates that owners, and condominium corporations can apply to the Tribunal for the resolution of disputes. Occupants, or tenants do not have standing before the CAT to bring a case. Therefore, since the Applicant and her common-law spouse are not currently owners of the unit in question, they do not have standing to file an application with the Tribunal.
[8] The Applicant does not have standing to continue this application. Therefore, the Respondent’s motion to dismiss this application is granted. Accordingly, I order that this case be dismissed.
[9] The Tribunal orders that:
1. This case is closed in Stage 1 - Negotiation under Rule 19.1 of the CAT’s Rules of Practice.
2. Any documents and messages that have been shared for this Case in Stage 1 - Negotiation are private and confidential. That means that the Users cannot share, or tell anyone about, messages or documents they received from other Users during these stages without the permission of the other User.
3. The Users may share a copy of any document they received during the course of this case if required by law, such as to a government organization or a court."
More information on filing with CAT:
Condominium Authority Tribunal (CAT) expanding jurisdiction on January 1, 2022
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