Healing With Dialogue – the Power of Community in Dispute Resolution

The Condominium Authority Tribunal is experiencing a trend. There has been an increase in the number of applications filed that do not fit within its jurisdiction. The parties in these cases are often neighbours who live in a community while they continue looking for ways to resolve their dispute.

In such situations, people can often find guidance on how to escalate matters, but what happens when a situation does not warrant that time and cost?

Let’s look at a couple of examples and explore ways the parties can address their issue without resorting to escalation…

Ramadhin v. Niagara South Standard Condominium Corporation No. 86

A condo unit owner submitted an application to the CAT on behalf of their tenants, against their condominium corporation. The tenants were accused of failing to comply with a rule in the community by leaving their shoes outside of the unit. The condominium issued a letter calling for the violation to cease, and the owner alleged unreasonable enforcement. The Tribunal found the matter to fall beyond its jurisdiction over storage and dismissed the case.

Paschos v. Toronto Standard Condominium Corporation No. 3088

An individual submitted a records case against their condominium corporation surrounding an additional fee billed for a Status Certificate. At issue was a $42 charge beyond the prescribed $100 maximum amount a condo could charge for a Status Certificate. While the amount in question may be considered trivial to some – particularly when off-set against the $25 filing fee to file an application at the Tribunal – the application was nonetheless rejected for falling outside of the Tribunal’s records jurisdiction and dismissed.

What these examples have in common is that they present matters of concern for the person initiating steps to engage an administrative tribunal, only for the Tribunal to conclude that it is not the right place to go.

In such instances, a community-driven approach often makes sense. When the subject matter of an issue does not fall clearly within tribunal jurisdiction or the situation is not significant enough to justify escalating to potentially costly adversarial proceedings, a community-focused path makes sense. The condominium context offers prime opportunities to embrace such approaches, as those involved in the dispute typically have ongoing relationships, as neighbours for example, whether they like it or not.

A key to addressing these types of issues involves using less formal mechanisms.

Community-driven approaches can include:

1. Simply talking to each other. Communicating less formally than you would during a tribunal proceeding can help the people involved in an issue appreciate that the issue involves fellow human beings. This encourages developing mutual understanding and appreciation. You don’t need to be friends to find a way to get along, yet coming together can reduce tensions and related anxiety.
2. Looking for support. In the condo context, the Board of Directors or Condominium Management are often available to help when trouble emerges. It can be important to appreciate that they have other tasks at hand, yet often those filling these roles have an interest in encouraging harmony in community and are willing to informally step in to lend a hand, intervening for the common good.
3. Community mediation. Community-based mediation opportunities can be helpful in circumstances that are not about high monetary stakes. These processes can typically be engaged on a volunteer or low-cost basis and have proven to be effective for improving relationships and finding better ways forward. Facilitative mediation makes space for the consideration of future interactions.

Neighbourly attempts to work together to prevent conflict from escalating can start before issues even arise. Community is developed when folks get to know one another. Friendly casual exchanges in passing and putting faces to names builds rapport that can be utilized to help squash issues. This equips everyone in the community to move away from the mindset of “the other” when an issue emerges, and the assumptions that can come with viewing someone causing a problem for you with a negative lens. It better positions all to engage in addressing an issue early and clarifying intention versus impact to promote working together.

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Permal Bangaru is Director, Policy, Programs & Dispute Resolution at the Condominium Authority of Ontario.