Can Condominium Managers still act as representatives at CAT?

Prior to October 1, 2026, there were increasing questions raised in the industry as to whether property managers were permitted to represent condominiums in hearings before the Condominium Authority Tribunal (CAT).

These questions stemmed, in part, from concerns of an inconsistency between the CAT rules and the licensing requirements for the Law Society of Ontario (LSO). The CAT rules previously permitted managers to act as a condominium’s representative. The point was, presumably, to help find streamlined, efficient ways to manage claims by and against condominiums. However, the LSO’s bylaw 4, section 28 confirms that a person needs to be licensed by the LSO to represent a party before an adjudicative body like the CAT, unless they fall into one of the permitted exemptions (which have limited application to condominium managers). So a tension existed between these different requirements.

Through our dialogues with the CAO, our firm has confirmed that the new rules (effective October 1, 2026) are designed, in part, to address these concerns. The relevant new Rule (17.1) states as follows:

“A party may be represented by:

1. a lawyer or paralegal licensed by the Law Society of Ontario;

2. a person who is exempt from the Law Society’s licensing requirements.”

This new wording generally disqualifies most property managers (from acting as representative for a condominium corporation at CAT).   The reason is that – when dealing with a claim on behalf of a client condominium corporation, condominium managers are generally not exempt from the Law Society’s licensing requirement in most cases.

This is certainly the interpretation of the Condominium Management Regulatory of Ontario.  The CMRAO website now includes the following statement:

CMRAO Statement (following the above-noted changes to CAT Rules):

The CMRAO’s position is that managers may support their client condominium corporations in relation to CAT matters, but they must not act as representatives before the CAT. Representation before administrative tribunals generally constitutes the provision of legal services and is restricted to licensed lawyers and paralegals, subject to limited exemptions. Condominium managers are not authorized to provide legal services, and their licensed scope of practice does not include representing a party in an adjudicative proceeding.

Accordingly, managers must not appear before the CAT on behalf of a condominium corporation to make submissions, advance legal arguments, interpret legal rights or obligations for the purpose of a proceeding, negotiate legal positions, or otherwise act as the corporation’s representative. Managers must also not provide legal advice to boards, owners, or other parties in connection with CAT matters.

This does not prevent managers from providing appropriate administrative, operational, or factual support where that support falls within their professional role and is contemplated by the management agreement. For example, managers may:

• gather, organize, and maintain records;
• track deadlines and procedural requirements;
• upload documents at the direction of the board or legal counsel;
• co-ordinate communications and hearing logistics;
• assist legal counsel with document and information management; and
• provide factual information or witness evidence about matters within their personal knowledge.

Managers may also help their client corporations understand the procedural steps involved in the CAT process, provided they do not cross the line into providing legal advice or legal representation. The CMRAO Competency Profile recognizes that condominium managers may possess knowledge of the CAT process and may support corporations in navigating procedural requirements. It does not contemplate managers acting as legal representatives in tribunal proceedings.

Where representation is required, condominium corporations should retain a licensed lawyer or paralegal, as appropriate.

The CMRAO understands that some CAT matters are already underway with condominium managers actively involved. In those cases, managers may continue their current involvement to help ensure there is no disruption to the proceeding during this transition period.

So in summary: we agree with the CMRAO’s position and we support the CAT in evolving its rules to address concerns we’ve raised on behalf of the industry.

In terms of what this means for managers now, any claims started prior to October 1, 2026, won’t be effected by the rule change and can proceed with a manager representative, if applicable. Any claims started after October 1, 2026, will fall under the new rule meaning managers can no longer act as the condominium’s representative. This said, in our view, condominium managers can still help with a CAT proceeding, in various ways, but in most cases cannot act as the Corporation’s representative, or advocate, in the proceeding itself.

One last note: The appointment of any representative, and the specific tasks to be performed by the representative, should be confirmed in a resolution of the Board.

Stay tuned to Condo Law News to keep up to date on the latest developments on condominium law !