06/25/2024 – Jurisdiction Ontario
Part 87 published on 01/09/2024
Allegations of harassment, in this case, fall outside the jurisdiction of the Tribunal
The owner asserted a claim based upon alleged harassment by other owners and by members of the condominium corporation’s Board of Directors. The Tribunal held that the particular allegations fell under section 117(1) of the Condominium Act, and accordingly were not within the Tribunal’s jurisdiction. The Tribunal therefore dismissed the claim. The Tribunal said:
I asked the Applicant if it is her position that the impact of the alleged harassment has had consequences on her physical or psychological health or safety. The Applicant responded “yes”.
The Applicant’s evidence clearly establishes that in her view, the allegations of alleged harassment has caused her emotional and psychological injuries (anxiety, fear, sleep issues, emotional distress). Activities that may cause illness or injury to someone in or on the condominium property or assets, is an issue under section 117(1) of the Act.
Having reviewed the totality of all the evidence, I find that this application is not within the scope of the Tribunal’s jurisdiction because it falls under the provisions of section 117(1) of the Act. In making this finding, I considered the Applicant’s evidence confirming that it is her position that the alleged harassment has caused her emotional and psychological injuries. O. Reg 179/17 sets out the Tribunal’s jurisdiction which specifically prohibits the Tribunal from dealing with disputes with respect to section 117 (1) of the Act.
Dambremont v. Cochrane Condominium Corporation No. 7, 2024 ONCAT 90