23/03/2023 – Jurisdiction Ontario
Part 82 published on 01/06/2023
Tribunal does not have jurisdiction to decide complaint about odour due to alleged failure to repair damage from sewer back-up
The Applicants complained about odour and other nuisances from a sewer back-up that had occurred in the summer of 2022. The Tribunal held that the dispute did not fall within the Tribunal’s jurisdiction because the application was fundamentally about alleged lack of proper maintenance and repair and also about alleged violation of Section 117(1) of the Condominium Act (which are not within the Tribunal’s jurisdiction).
MacQuarrie et al. v. Leeds Condominium Corporation No. 3, 2023 ONCAT 47 – Blog