Law Times

Law Times • sepTember 3, 2018 Page 11 www.lawtimesnews.com Cost-effective way to settle issues Online tribunal underway to help with condo disputes BY MEAGAN GILLMORE For Law Times C ondominium lawyers are waiting to see how the jurisdiction of the online Condominium Authority Tribunal expands, while mediators say online dis- pute resolution will become more common. The tribunal is tasked with settling records disputes under s. 55 of the Condominium Act, its website explains. The tribunal was launched in November 2017, calling itself "Canada's first fully online tribunal." All parts of a dispute — from filing a claim to negotiating a dispute to mediat- ing an agreement and receiving a decision from the tribunal — can occur online, the tribunal says. Laura Glithero, a partner at Cohen Highley LLP Lawyers in London, Ont., says the online tribunal offers a cost-effective way to settle disputes. "More and more, we're seeing unit owners demanding trans- parency from their corporation," she says. "I think that there is a need for more access to justice for unit owners and condomin- ium corporations that is more cost effective and efficient than the current process." Christopher Jaglowitz, a law- yer with Gardiner Miller Arnold LLP in Toronto, says he was "rooting" for the tribunal's cre- ation, saying that Small Claims Court is not an appropriate ven- ue for handling records disputes. "I think it's fantastic that they're an entirely online tribu- nal," he says. "It's an incredible waste for lawyers or for condo directors or managers or unit owners to be standing in a hall of some court- house someplace or in a tribu- nal office waiting for a hearing where most of these disputes can be solved with the records and relatively light verbal tes- timony. The online platform is much better and it allows people to participate in those dispute processes at home, after hours and from any location in a much more convenient way." As of late August, seven of the tribunal's decisions had been posted on CanLii. These deci- sions cover a variety of issues, in- cluding redacted records, proxy records and whether claims can be considered vexatious. "It's interesting to see the tri- bunal wrestle with those issues at an early stage of its existence," says Glithero. The tribunal's jurisdiction could expand to other areas besides record disputes, says Jaglowitz. "Records was a re- ally good place to start," he says. It allows the tribunal to work out technical difficulties before moving to more complex mat- ters. While using the tribunal may be relatively easy for unit owners, responding to com- plaints can be time-consuming for condo board corporations, says Cheryll Wood, an associate with Davidson Houle Allen LLP Condominium Law in Ottawa. "Going through a tribunal process puts a lot of added time and stress on board members because they're the ones repre- senting the corporation through the process," she says, noting that board members are volun- teers and that the board may not be able to recover any of its legal fees. "As the jurisdiction of the tribunal increases, it will also in- crease the burden on the board and possible costs for the board and owner with likely no chance of recovering the costs," says Wood. The tribunal also has the potential to reduce the number and cost of future disputes, says Jaglowitz. "[The goal of the] condo au- thority and the CAT was to help avoid a lot of these disputes from happening in the first place by providing condo boards and condo managers with informa- tion about what their rights and responsibilities are," he says. "The main goal is to avoid the disputes by giving people the information they need in order to do what needs to be done. But if there's going to be a dispute, there's at least a relatively cheap and easy process for unit owners to get a ruling about whether or not they're entitled to any par- ticular record." Keegan Ferreira, the deputy registrar and director of tribunal operations for the CAT, says that when an applicant files a com- plaint in the system, they also need to propose a solution. That is considered a first offer, which the respondent can choose to ac- cept or reject, he says. "We have some cases last as little as 10 minutes, and no one needed to appear in a courtroom or travel," says Ferreira. The tribunal plans to develop during the next year and a half and is looking at how to incor- porate teleconferencing into the process in a more seamless way, he says. In the future, the tribu- nal may hear other cases, not just FOCUS What do your clients need? The means to move on. Guaranteed. ™ Baxter Structures customizes personal injury settlements into tax-free annuities that can help your clients be secure for life. » Pre- and post- settlement consultation and support » Caring professionalism for over 30 years » No fee to you or your clients Need more information? Contact us at 1 800 387 1686 or baxterstructures.com Kyla A. Baxter, CSSC PRESIDENT, BAXTER STRUCTURES Untitled-3 1 2018-02-08 2:41 PM Laura Glithero says a newly launched online tribunal offers a cost-effective way to settle disputes. See System, page 12 We have some cases last as little as 10 minutes, and no one needed to appear in a courtroom or travel. Keegan Ferreira

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