The Condominium Authority Tribunal Jurisdiction on Harassment Issues
The Condominium Authority Tribunal, also known as the CAT, has jurisdiction to certain matters set out in Regulation 179/17. Among other things, this includes disputes about records, pets, parking, storage and certain disputes related to nuisance. But where does harassment fall within these categories?
In the recent case, Dambremont v. Cochrane Condominium Corporation No. 7, the Tribunal found that the application was outside its jurisdiction as it fell within section 117(1) of the Act; and Regulation 179/17 explicitly prohibits the Tribunal from dealing with disputes under section 117(1).
Section 117 (1) states as follows:
117 (1). No person shall, through an act or omission, cause a condition to exist or an activity to take place in a unit, the common elements or the assets, if any, of the corporation if the condition or the activity, as the case may be, is likely to damage the property or the assets or to cause an injury or an illness to an individual.
The Applicant had filed an application to the CAT alleging harassment by other unit owners and members of the Corporation’s board of directors. The Tribunal raised the preliminary issue of jurisdiction and allowed for submissions on that issue. The Applicant argued that the dispute did fall within the Tribunal’s jurisdiction because of provisions relating to harassment contained in the Corporation’s governing documents, in particular, the rules. The Tribunal accepted these initial submissions and initially indicated a willingness to deal with the dispute as a matter of nuisance. Part of the Tribunal’s reasoning was that the Respondent had not provided evidence to demonstrate that the allegations fell under section 117(1) of the Act.
However, during submissions, the Applicant’s evidence indicated that she felt ‘fearful’, which led to the Applicant calling the police. When asked, the Applicant admitted that the alleged harassment had consequences for her physical and psychological health. The evidence confirmed for the Tribunal the alleged harassment caused the Applicants emotional and psychological injuries and, therefore, fell within section 117(1) of the Act.
The takeaway is that the Tribunal may well decide that a dispute falls within Section 117 (1) (and therefore outside of the Tribunal’s jurisdiction) if there are allegations of emotional or psychological harm associated with the harassment.
(Note that the Tribunal did not order a cost award for either party. In particular, the Tribunal found that the Applicant did not bring the case for an improper purpose but mistakenly believed the Tribunal had jurisdiction to hear the matter. In such other cases, costs are likely not to be awarded).
It is important to note that jurisdictional issues may not be fully resolved until the end of the CAT proceedings despite a preliminary hearing on the issue. However, being organized and having evidence easily accessible in advance may assist when the issue of Jurisdiction is dealt with in the preliminary stages of the CAT process to potentially resolve the issue at the preliminary stage.
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