Case Commentary

Alves v. Niagara North Condominium Corporation No. 32, 2026 ONCAT 208

After a disability related parking and towing dispute, an owner chose to pursue her claim at Ontario's Human Rights Tribunal instead of the Condominium Authority Tribunal. The CAT allowed withdrawal with prejudice but refused the condominium corporation's request for legal costs.

A condominium dispute over a towed vehicle led to a question that can matter as much as the original complaint. What happens when someone starts a case in one tribunal, learns that another forum may offer more suitable remedies and decides to withdraw?

In Alves v. Niagara North Condominium Corporation No. 32, 2026 ONCAT 208, the Condominium Authority Tribunal allowed that change of course. It also decided that the condominium corporation shouldn't recover its legal fees simply because the applicant had pursued proceedings in 2 different tribunals. The withdrawal came with an important restriction. The same facts could not be brought back to the CAT.

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Original source Condominium Authority Tribunal, original official published order ↗

This publication provides general information, not legal advice. Requirements can differ by organization and province.