Infestation

Step 4: Escalate the issue

Infestation is an issue you cannot take to the Condominium Authority Tribunal.

There are three ways that infestation issues are typically escalated: Mediation, arbitration, or through the Superior Court of Justice.

Mediation

Mediation is a process where a neutral facilitator tries to bring the parties to a mutually agreeable solution. Mediation is often less costly and it gives parties an opportunity to collaborate on finding a solution with which everyone is comfortable.

Arbitration

Arbitration is a process where a neutral arbitrator hears from both sides and makes a ruling on the issues. The parties involved in the dispute present evidence and the arbitrator makes a binding decision which can be appealed in some cases.

Seeking a compliance order from the Superior Court of Justice

Owners and condominium corporations can ask the court to make an order requiring compliance with any provision of the Act or the governing documents.

You may be required to go through mediation or arbitration before proceeding to the Superior Court of Justice, depending on the nature of your dispute.

What if my dispute relates to my condo's governing documents?

You must try to resolve your issue through mediation or arbitration first before seeking compliance from the SCJ. This differs from other case types, which you can take to the SCJ directly if you prefer.

Section 132 (4) of the Act deems all condo corporations to have a provision in their declaration requiring that disputes about the governing documents must proceed first to mediation then arbitration.

Check section 134 of the Condo Act for more information about compliance orders.

Seeking legal advice

Check out our legal resources page for more information on affordable legal advice, free legal information, and legal expense insurance.

Further legal action

You may need to hire a lawyer experienced in condo law and file a lawsuit.