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First online condo tribunal decisions offer guidance to boards, owners

2018-11-19

John Devellis HeadshotAs the first few cases trickle out of the new Condominium Authority Tribunal (CAT), Toronto condominium lawyer John De Vellis says the decisions released so far largely follow existing case law.

“Many of the cases are following the same jurisprudence,” says De Vellis, a partner with Shibley Righton LLP. “For the most part, none of the tests has changed. It’s just that you have a specialized tribunal handling matters.”

The tribunal was set up as an online-only body, devoted exclusively to condo-related disputes in Ontario. The hope, says De Vellis, is that specialized adjudicators ruling on written submission will allow cases to settle more quickly and inexpensively than going through the courts.

So far, CAT’s jurisdiction extends only as far as record disputes covered by s. 55 of the Condominium Act, but will likely expand as time goes on, he tells AdvocateDaily.com.

The stepped process begins with a $25 access fee that allows the parties to try to settle the issues themselves. The next stage, which costs $50, escalates the matter to mediation before a final adjudication stage by a tribunal member, which costs $125.

Below, De Vellis picks out some of the highlights of the cases decided so far:

Legal invoices case

This decision involved an owner’s request for unredacted copies of the invoices from the condo corporation’s lawyer.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

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2018-11-19