CONDOMINIUM AUTHORITY TRIBUNAL
DATE: January 9, 2023
CASE: 2022-00734N
Citation: Joshy v. Toronto Common Elements Condominium Corporation No. 2385, 2023 ONCAT 4
Order under section 1.41 of the Condominium Act, 1998.
Member: Ian Darling, Chair
The Applicant,
Rohith Joshy
Self-Represented
The Respondent,
Toronto Common Elements Condominium Corporation No. 2385
Submission Dates: December 16, 2022 to January 5, 2023
DISMISSAL ORDER
[1] An application was submitted to the Condominium Authority Tribunal (CAT) on December 1, 2022. This application was filed as a dispute about a reasonableness and consistency issue with parking. In the application’s problem description, the Applicant disagrees with provisions in an agreement to modify the curb of a parking spot, which was made under section 98 of the Condominium Act, 1998 (the “Act”). The Applicant alleges that the Respondent has refused their request to modify the curb of their parking spot despite receiving a building permit from the City of Toronto.
[2] The Applicant was informed by the CAT that their dispute does not clearly relate to a provision in the corporation’s declaration, by-laws and rules (the “governing documents”) that prohibit, restrict or otherwise governs parking, and may relate to an issue that the CAT is prohibited from addressing under Ontario Regulation 179/17 (O. Reg. 179/17).
[3] The CAT issued a Notice of Intent to Dismiss the Application since the CAT is prohibited from accepting applications involving certain matters, including disputes related to agreements related to section 98 of the Act.
[4] The CAT’s jurisdiction is established by the Ontario Government. O. Reg. 179/17 contains the specific wording of the CAT’s jurisdiction. The CAT does not have the legal authority to decide issues that are outside its jurisdiction.
[5] O. Reg. 179/17 states that a dispute with respect to parking must relate to a provision in the condominium corporation’s governing documents that prohibit, restrict or otherwise governs parking.
[6] In response to the Notice, the Applicant confirmed that the issues in dispute are not within the jurisdiction of the CAT. Accordingly, I order that this application be dismissed.
ORDER
[7] The Tribunal orders the application to be dismissed.
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| Ian Darling |
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| Chair, Condominium Authority Tribunal |
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Released on: January 9, 2023