lIMITATIONS ON ENGAGING THE CONDOMINIUM MEDIATION/ARBITRATION PROCESS

A recent case reminds us that the mediation and arbitration process set out in Ontario’s Condominium Act must be engaged before going to court, but only if the dispute is between one or more owners and the Condominium Corporation. If the dispute arises between a tenant and the Corporation because of the breach, for example, of a bylaw or rule, the interested parties can go directly to court to have the dispute resolved. This does not prevent interested parties, including a tenant, to volunteer to enter the mediation and arbitration process, whether as a precondition to a court action or as a final resolution. See MTCC 933 v Lyn 2020ONSC196 (Canlii).