Every so often, a condo receives an email from a tenant declaring that they’re “taking this to the condo tribunal.”
It usually follows a disagreement with a neighbour, a dispute over a rule, or frustration with how an issue is being handled. And while tenants may be deeply affected by these situations, the law draws a very clear line on who can actually start a CAT application.
Under section 1.36 of the Condo Act, only corporations, unit owners, mortgagees and (in limited situations) purchasers have the right to bring an application to the Tribunal.
Tenants and other occupants of units are not included in the select group of those able to knock on the CAT’s door.
What the CAT Rules say
The CAT’s Rules mirror this limitation.
When the Rules define an “Applicant,” they describe someone who files an application with the Tribunal and note that this could be an owner, a mortgagee, a condominium corporation, or a condominium unit. There is no mention of tenants or other occupants.
The Rules and the Act align perfectly: the CAT does not have jurisdiction to accept an application filed by a tenant, even if the tenant is the person most directly affected.
At the end of the day, if the person filing the CAT application isn’t someone authorized to do so under the Act, the CAT cannot proceed with the case—regardless of how compelling or sympathetic the underlying facts might be.
The Walsh case
This issue came squarely before the Tribunal in Walsh v. London CC No. 39. In this case, the applicant lived in the unit but was not the registered owner. She explained that she was in a common-law relationship with a relative of the owner and that the unit was in the process of being transferred into her partner’s name. On that basis, she argued that she should be allowed to continue her CAT application. The Tribunal disagreed. In paragraph 7, the CAT summarized the standing rule plainly:
“Section 1.36 of the Act stipulates that owners, and condominium corporations can apply to the Tribunal for the resolution of disputes. Occupants, or tenants do not have standing before the CAT to bring a case.”
Even though Walsh involved an occupier, the Tribunal made it clear that tenants and occupiers alike cannot start a CAT application. The possibility of a future ownership change didn’t matter — standing is determined at the time of filing. Without standing, the CAT had no jurisdiction to proceed. The application was dismissed at Stage 1.
Why this matters for boards, managers and owners
This provides helpful clarity for everyone involved in condo administration. If a tenant files a CAT application, the corporation can raise the standing issue immediately. The CAT will typically dismiss the matter at an early stage.
Having said that, the underlying issue may still need attention, and boards should ensure that legitimate concerns are addressed through the correct channels—often by involving the owner.
Check early and save money
When in doubt about whether the CAT has jurisdiction over a case, always best to check with your favourite condo lawyer. Having the matter dismissed early may save you trouble and money.
