After your case

This page provides general information. You may wish to speak with a lawyer to get advice on the specifics of your case.

The CAT sometimes orders parties to pay for partial legal fees or damages. Condo corporations can add amounts that the CAT has ordered an owner to pay to that owner’s common expenses.  Likewise, owners can deduct amounts that the CAT has ordered their condo corporation to pay them from their common expenses if the condo corporation does not pay by the deadline in the order. 

You can appeal CAT cases with the Divisional Court, but your appeal must relate to an error you think the CAT made in applying the law or a legal principle. This is known as a “question of law”. You cannot re-argue your case during your appeal. Make sure to speak with a lawyer before you file.

Timelines: Appeals must be filed within 30 days of the date of the order or decision. The date can be found at the top and bottom of the order or decision document. The CAT does not have the authority to extend this period.

Filing: You must file a notice of appeal with the Divisional Court, a branch of the Superior Court of Justice. Check the Ministry of the Attorney General’s website for more information and make sure to review their Guide to Appeals in Divisional Court.

Case record: The Divisional Court may request a record of your case, which you can get by emailing: [email protected]. You will need to contact a certified court reporter to obtain records of any portions of hearings that took place outside of the Tribunal’s online dispute resolution system. The CAT will send the hearing recording directly to the court reporter you choose. Arrangements for the cost and delivery of the transcript must be made between you and the court reporter.

A judicial review will allow you to raise concerns relating to the processes and procedures followed during your case. An example could be if you believe you were not allowed to present evidence on a relevant issue or if the CAT concluded something without evidence to support that conclusion.

Parties can file a judicial review with the Divisional Court under the Judicial Review Procedure Act.

The Divisional Court has the power to set aside a CAT decision if it decides the CAT made an error of law, a finding in the absence of evidence or assumed or exercised power beyond its jurisdiction.

Timelines: There is no time limit for filing a judicial review in the JRPA or the Rules of Civil Procedure. You should still act quickly if you are considering a review because courts in the past have dismissed cases because too much time had passed. As a best practice you should file within 30 days of the date of the CAT’s decision.

Case record: The Divisional Court may request a record of your case, which you can get by emailing: [email protected]. You will need to contact a certified court reporter to obtain records of any portions of hearings that took place outside of the Tribunal’s online dispute resolution system. The CAT will send the hearing record directly to the court reporter you choose. Arrangements for the cost and delivery of the record must be made between you and the court reporter.