The CAO’s New Mediation and Arbitration Resources

The Condominium Authority of Ontario (CAO) has many resources available on its website for unit owners, managers, and others for condominiums. The CAO recently added some new resources to its website explaining the dispute resolution processes available within the condominium industry, as well as more detailed information about mediation and arbitrations conducted out of the CAO’s Tribunal.

There is a new page on the CAO’s website describing the types of dispute resolution processes available in condominium disputes, including mandatory mediation or arbitration, voluntary mediation or arbitration, and the Superior Court of Justice. There is even a handy flowchart that helps you determine which process is the most appropriate for your dispute. See the website for more information: https://www.condoauthorityontario.ca/issues-and-dispute-resolution/mediation-arbitration/  

There is another page that explores the mandatory mediation and arbitration processes under the Condominium Act, 1998. This is great as many unit owners unfortunately believe that all disputes now go to the Condominium Authority Tribunal, which is not true. The CAT’s jurisdiction is still limited to records, nuisances, parking/storage, pets/animals, and indemnification related to these cases. For example, the CAT does NOT have jurisdiction over shared facilities disputes (s.132), first-year budget deficit claims against the declarant (s.75), electrical vehicle charger installation disputes (S.24.4 in O.Reg. 48/01), agreements or disputes about changes made to the common elements by owners (s.98), disputes about meetings, oppression claims (s.135), administrator or inspector applications (ss.130 and 131), situations involving dangerous conditions or activities (s.117), disputes with managers (s.132), and other disputes about the governing documents that are not within its jurisdiction (e.g. single family or occupancy restrictions).

There are also templates for mediation and arbitration, such as notices for submitting the dispute to mediation or arbitration and a template for the party responding to a notice submitting the dispute to mediation or arbitration. The website provides guidance on finding a mediator or arbitrator and an overview of the core components of a mediation and arbitration by-law.

This is a good example of the CAO providing a resource that is not related to its jurisdiction but is nonetheless useful for owners and others involved in condominium disputes.