CONDOMINIUM AUTHORITY TRIBUNAL
DATE: July 13, 2022
CASE: 2022-00400N
Citation: Rechtoris-Stafford v. Waterloo Standard Condominium Corporation No. 411, 2022 ONCAT 75
Order under section 1.41 of the Condominium Act, 1998.
Member: Ian Darling, Chair
The Applicant,
Matthew Rechtoris-Stafford
Self-Represented
The Respondent,
Waterloo Standard Condominium Corporation No. 411
DISMISSAL ORDER
[1] An application was submitted to the Condominium Authority Tribunal (CAT) on June 14, 2022. This application primarily relates to a violent incident involving the Applicant.
[2] For the following reasons, the Tribunal is dismissing this application under Rule 19.1 of the CAT’s Rules of Practice. The CAT’s jurisdiction is established under Ontario Regulation 179/17 (the Regulation). The application was filed as a dispute about the condominium corporation’s governing documents and / or an unreasonable nuisance, annoyance, or disruption.
[3] The Applicant identified themselves as a unit owner, but legal letters attached to the application from the Respondent’s legal counsel refer to other individuals as the unit’s owners and identify the Applicant as a unit occupant.
[4] Section 1.36 of the Condominium Act, 1998, (the “Condo Act”) only allows unit owners, mortgagees, purchasers and condominium corporations to file applications with the CAT. If the Applicant is not at least a partial owner of the unit, they are not legally capable of maintaining this application.
[5] In this application, the Applicant is seeking to address several disputes related to a violent altercation that occurred on March 23, 2022. The application contains serious allegations. However, it does not appear to relate to the Respondent’s governing documents and / or an unreasonable nuisance, annoyance or disruption in the condominium corporation.
[6] Section 1 (3) of the Regulation prohibits the CAT from dealing with applications where the issues in dispute relate to section 117 (1) of the Condo Act, including disputes regarding:
1. Conditions or activities that have or are likely to cause someone injury and / or illness; or
2. Conditions or activities that have or are likely to cause damage to the condominium corporation’s property or assets.
[7] Accordingly, as this dispute appears to primarily relate to the Respondent’s reaction to a violent incident involving the Applicant, the issues in this application appear to be outside of the CAT’s jurisdiction.
[8] The Tribunal invited the parties to respond to a Notice of Intent to Dismiss the Application. No responses were received. In absence of submissions from the parties, I find that this CAT application was filed with the CAT for an improper purpose. Accordingly, the application is dismissed.
ORDER
[9] The Tribunal orders the application dismissed
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| Ian Darling |
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| Chair, Condominium Authority Tribunal |
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Released on: July 13, 2022