Member Position Description

 

Condominium Authority Tribunal

Condominium Authority of Ontario

 

Background

In 2012, the province of Ontario initiated a comprehensive review of the Condominium Act, 1998. The review consisted of an intensive 18-month public engagement process, involving 2,000 submissions and over 200 recommendations. Among other things, the review revealed a need for a new way to resolve condo disputes, and the result of the review was the Protecting Condominium Owners Act, 2015 (PCOA).

The PCOA amended the Condominium Act, 1998, by establishing a new administrative authority, the Condominium Authority of Ontario, and a new Condominium Authority Tribunal (CAT).

The CAT will be primarily an online tribunal, with a system that permits the exchange of documents and messages. It will have the exclusive jurisdiction to hear and to make legally binding and enforceable decisions about certain types of disputes under the Condominium Act, 1998, which will be prescribed by the government in regulations to the act. When the CAT starts later in 2017, the first dispute type will be access to condominium records.

Purpose

Members appointed to the CAT will be primarily responsible for resolving disputes brought to the tribunal through the CAT’s online dispute resolution platform through both formal (adjudication) and informal (alternative dispute resolution) means. Members must act in accordance with the CAO’s mission, core values, and governance and accountability documents.

Members will be appointed to the CAT on a part-time, per diem basis.

Additional consideration will be given to applicants who can demonstrate fluency in French (both written and oral).

Key Duties

Members will work under the general direction and mentorship of the Chair of the CAT, and one or more Vice-Chairs. The CAT is an online tribunal, and requires members to be fully trained and knowledgeable in the law, as well as tribunal procedures and the CAT online dispute resolution system.

CAT members will be expected to be actively engaged in the CAT’s online dispute resolution system, and will be expected to check their files at least once a day for

messages and tasks, and more often as required by the online processes of any ongoing case.

In addition, a Member will be expected to perform the following functions:

1. As an Adjudicator:

a. Maintains impartiality and open-mindedness, and ensures adjudicative independence, while managing the dispute resolution process, and making procedural rulings and adjudicative decisions;

b. Understands and applies the relevant legislation and case law, and the Tribunal Rules and policies;

c. Carries out dispute resolution and decision-making processes in a proactive, flexible, fair and timely manner;

d. Reviews and analyzes all evidence and submissions thoroughly, makes findings of fact, and interprets and applies the law;

e. Prepares rulings, orders and decisions with reasons that are clear, complete and concise, and follows the decision review and format guidelines.

2. As a Mediator:

a. Works collaboratively and creatively with the parties and participants to promote early settlements, in accordance with the Tribunal’s procedures and policies, and with a focus on interest-based solutions that support the ongoing condominium community relationships;

b. Understands the relevant legislation and case law, and the Tribunal Rules and policies, which provide the basis for identifying issues and interests; and offers suggestions for possible resolution, in keeping with the merits of the case and the interests of the parties.

3. Has the creativity and flexibility to be part of an innovative new tribunal that pushes the boundaries of conventional tribunal procedures, while guided by the user experience, and the core principles of fairness and impartiality.

4. Recognizes the users’ perspective in the value of predictability in the Tribunal’s approaches to dispute resolution, and promotes consistency through open and collegial communications about ongoing legal and procedural issues.

5. Recognizes the importance of adjudicative excellence, and participates in training and professional development activities, and stays informed about leading case law, tribunal best practices and effective use of the CAT online dispute resolution system as it develops and grows.

6. Works in a respectful and collegial manner with all Tribunal members and staff, and follows the operational and case management policies of the Tribunal and

the Condominium Authority of Ontario (CAO).

7. Participates in the Tribunal member performance assessment system, which may include self-assessments and peer and other assessments of performance, and discussions about learning plans and other desired supports.

Qualifications

Members are expected to have the following abilities, skills and knowledge to carry out their responsibilities effectively:

1. Experience in a neutral dispute resolution role such as tribunal member or adjudicator, arbitrator, mediator, conciliator, or ombudsperson; or experience and skills related to proactively and fairly managing a process that involves hearing from participants, analyzing information, encouraging resolution, and making or writing decisions;

2. Direct or related experience and skills related to diverse and creative interest-based approaches to mediating or settling disputes in different settings such as in-person, telephone, videoconference or online;

3. An advanced level of computer and online skills;

4. Experience in interpreting and applying legislation, precedent cases or policies, which would ideally include specific knowledge of the Condominium Act, 1998, the Statutory Powers Procedure Act, as well as administrative law and the principles of procedural fairness or natural justice;

5. Understanding of the professional, institutional and community context within which the Tribunal and its users operate, including an understanding of condominium communities, public service and consumer protection values, and concepts related to access to justice and proportionality;

6. Experience and demonstrated skills in working with people in an empathetic and accessible manner, using cultural competence and effective communications to manage confrontational or stressful situations, and to work with diverse Tribunal users, including those who are unrepresented, have lower levels of language ability, are not familiar with tribunal proceedings, or are not familiar with an online dispute resolution system;

7. Demonstrated analytical, conceptual, problem-solving, decision-making and writing skills, including impartiality and sound judgment to fairly assess cases involving conflicting or ambiguous evidence or law;

8. Ability to make and write reasoned decisions that are clear, complete and concise, and finished in a timely manner;

9. Commitment to ongoing professional development to enhance expertise and ensure dispute resolution and adjudicative excellence;

10. Good organizational skills to manage a fluctuating or heavy workload with complex and simultaneous online processes.

General – Integrity and Fair Practices

1. Is empathetic to the needs of the users of the Tribunal, and treats every user of the Tribunal with fairness, respect and courtesy.

2. Respects diversity and inclusion, and the need for human rights-related accommodation.

3. Ensures an accessible, fair and proportionate process that all users are able to understand and participate in.

4. Preserves confidentiality and respects privacy rights, in accordance with the law and Tribunal policy.

5. Recognizes and appropriately discloses and addresses situations that may involve possible bias or conflict of interest.

6. Works constructively and contributes to the development of the Tribunal by sharing knowledge, time and experience with other members and staff, and by engaging in internal discussions to improve the quality of services and the developing online system.

7. Acts with integrity and honesty, and in accordance with the law and the Condominium Authority of Ontario’s mission, core values, and governance and accountability documents.

8. Potential for some travel in Ontario.

 

All applicants must submit a CV and cover letter to hr@condoauthorityontario.ca

We thank all applicants for their interest, however, only those identified for further consideration will be contacted.


The CAO is an equal opportunity employer, we welcome applications from persons legally entitled to work in Canada and whose qualifications meet the skills and experiences we seek.