CONDOMINIUM AUTHORITY TRIBUNAL
DATE: June 12, 2024
CASE: 2024-00357R
Citation: Rahman v. Peel Standard Condominium Corporation No. 779, 2024 ONCAT 82
Order under section 1.41 of the Condominium Act, 1998.
Member: Ian Darling, Chair
The Applicant,
Aqib Rahman
Self-Represented
The Respondent,
Peel Standard Condominium Corporation No.779
Submission Dates: June 10, 2024 to June 11, 2024
DISMISSAL ORDER
[1] The Applicant filed an application with the Condominium Authority Tribunal (CAT). This order explains the decision to dismiss this application under Rule 19.1 of the CAT’s Rules of Practice and Section 1.41 (1) of the Condominium Act, 1998 (the “Act”).
[2] The Applicant filed an application under the Tribunal’s records jurisdiction. The Application stated that the dispute is about the types of records that the condominium corporation is keeping and a possible financial penalty that a condominium corporation may have to pay if it does not allow someone to examine or copy records.
[3] The Applicant’s problem description alleges that the Respondent has not complied with a previous CAT order (CAT-2020-0037N) and claims that the corporation is still charging him amounts and sending him letters of arrears and liens.
[4] The Applicant is seeking $10,000 in costs for non-compliance with the previous CAT order.
[5] The Applicant’s dispute relates solely to enforcement and compliance with a previous CAT order.
[6] The types of orders that the CAT can make are listed under 1.44 of the Act. The CAT does not have jurisdiction to enforce compliance with its own orders.
[7] Section 1.41 (1) of the Act also specifies that the Tribunal may refuse to allow a person to make an application or may dismiss an application without holding a hearing if the Tribunal is of the opinion that the subject matter of the application is frivolous or vexatious or that the application has not been initiated in good faith or discloses no reasonable cause of action.
[8] The Tribunal issued a Notice of Intent to Dismiss the Application. On receipt of the Notice, the Applicant confirmed that he was seeking compliance with a previous order. He further stated that he thought the CAT had jurisdiction to enforce its own orders, and would seek to have the order enforced through the Ontario Court of Justice.
[9] I find that the issues that make up this dispute are not within the jurisdiction of the CAT. I order that this case be dismissed.
ORDER
1. 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: June 12, 2024