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Will there be a Condominium Authority Tribunal in Manitoba like Ontario and now Alberta?

The amount of condominiums in Winnipeg is still increasing as our population grows and the affordability of buying and owning a traditional detached home is getting further and further out of reach for many; even in what we like to believe is our small prairie market that is immune to what is happening in the larger metropolitan centres of Canada.

As Ontario is essentially the capital of condominiums in Canada, it only makes sense that Ontario was the first jurisdiction in Canada to have an online tribunal (the “CAT”) that is dedicated to helping condo owners and corporations resolve disputes conveniently, quickly and affordably in order to avoid expensive arbitration or lengthy court proceedings while resolving disputes collaboratively. Alberta has just recently announced that they are also following suit with their own tribunal, which I shall mention below. I will discuss the Ontario tribunal in more detail as that is the one currently active as of the time of writing and a jurisdiction that I practice in and are familiar with.

With the increase in condominiums comes an increase of disputes relating to condominium records, governing documents (declaration, by-laws, rules) noise, odours, lights, vibration, smoke, vapour, animals, vehicles, parking, storage, nuisances, charges, and compliance with any settlements agreements that may come as a result of the utilization of the CAT (collectively, the “Complaints” or individually, a “Complaint”).

All too often I get calls from disgruntled condominium owners calling to say that they want to sue a fellow unit owner or a condominium corporation because of a Complaint. While I am not trying to turn away any work, it is not necessary to resort to such extreme measures, nor would it be cost effective for them to retain me or a colleague of mine to represent them on those matters. There are remedies under The Condominium Act  of Manitoba (“our Act”) such as meditation and arbitration first before any litigation commences, but for the average condominium owner starting that process might be foreign for him or her and having the financial means to do so might also be out of reach.

The CAT makes it much easier for a condominium owner to file an application to start and access a three-stage dispute solution service (as expected, there is a fee for each stage as it may need to progress, but it is far less than what I would charge). The reasoning for the CAT is that it is designed to guide people to resolve issues and disputes on their own and to take as many matters outside of the bloated judicial system as it can. While you are entirely free to hire a lawyer, most condominium owners choose to represent themselves or have a family member represent them. On the other hand, condominium corporations, should any Complaint involve it, usually have either its condominium manager or one of its directors represent it.

What the CAT cannot do

The CAT cannot deal with issues that are likely to cause damage to any part of a condominium unit or the complex itself or cause injury or illness to a person. The CAT also cannot accept cases about agreements between unit owners and condominium corporations to install electric vehicle charging stations or modify common elements.

The Takeaway

The CAT was created under amendments to Ontario’s Condominium Act, 1998 S.O. 1998, Chapter 19 and its related regulation 179/17. In relative terms, Ontario has generally been ahead of the curve in regulating condominiums in more detail (examples include phasing and strict disclosure requirements as well), while the Province of Manitoba has followed suit in a more modified fashion. While it might not be under the Province’s to do list at this time, I would suspect that in the future we will modify our Act in such a manner that will create something similar to Ontario’s CAT and Alberta’s Condominium Dispute Resolution Tribunal (“CDRT”) that launches April 1, 2026.

Alberta now follows Ontario

On the Province of Alberta’s web-site, it states that “the CDRT provides Albertans with access to independent, fair, an timely quasi-judicial and alternative dispute resolution of disputes concerning the Condominium Property Act, the Condominium Property Regulation and the condominium community”. It further reaffirms that “condominium communities bring people together in close living spaces, which makes maintaining positive relationships essential. Resolving disputes with as little intervention as possible helps maintain those relationships.” Again, like Ontario, it directs the parties to an online model of dispute resolution while providing various resources to help parties resolve their disputes on their own, with assistance of formal mediation or adjudication when needed, and that a case officer will be assigned to assist and guide the parties through the various states of dispute resolution.

Conclusion

Like the Province of Alberta has now realized, I can only see positives for both condominium owners and corporations if and when the Province of Manitoba also creates a similar tribunal.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.