Written by: Katy Campbell, Executive Director, CCI North Alberta
Alberta’s condo tribunal could be a game-changer—lessons learned in BC and Ontario indicate success requires careful planning, strong resources, and balance.
As Alberta moves forward with the establishment of its own condominium tribunal, following the recent passage of Bill 30, we have received many questions from members about what this new system will look like and how it will impact condo owners and boards.
The aim behind introducing a condo tribunal in Alberta is to provide an accessible, streamlined process for resolving common disputes within condo communities. The tribunal system is designed to offer a quicker, less costly alternative to the formal court system. While the idea sounds promising, the real question is: Can these goals be achieved in practice?
While we can’t predict the future, British Columbia and Ontario’s experiences with condo tribunals offer insights into what may be in store for Alberta.
We recently hosted a webinar with two out-of-province CCI Members who are experts in their respective provinces’ condo dispute resolution systems. Armand Conant from Ontario and Jamie Bleay from British Columbia shared their insights from their firsthand experience with tribunals. Their perspectives were invaluable in giving our members a view of the process of establishing a provincial tribunal.
What Can Alberta Learn from British Columbia?
In British Columbia, the majority of condo-related disputes are handled by the Civil Resolution Tribunal (CRT). The CRT was established as a way to provide a low-cost, efficient alternative to the court system. Most, but not all, condo disputes fall under the jurisdiction of the CRT. Some matters, such as harassment, bullying, slander, or disputes related to property rights, like the sale of a unit or ownership percentage, are excluded from the CRT’s purview.
For condo disputes in BC, the tribunal process is entirely online. Individuals can file claims and upload evidence to an online platform. Disputes are resolved through a staged process, which begins with negotiation, followed by facilitation, and ends with a final decision if necessary.
According to the CRT website, the average timeline for most decisions is 254 days. However, that includes other areas of responsibility that may be less complex in nature than strata disputes. Jamie Bleay, who has worked closely with BC’s CRT, shared that most disputes that make it to the last stage of the process and require a final decision receive one within 12-16 months. According to the CRT, 40% of claims are resolved before adjudication.
British Columbia’s Civil Resolution Tribunal aims to resolve disputes efficiently, and so far 40% of cases are settled before reaching adjudication.
The costs associated with the CRT in BC are designed to keep the process accessible. The initial application fee is $150, with an additional fee of $100 for a final decision. The CRT’s operations are funded through provincial government revenues, making the system publicly funded and relatively low-cost for users. For low-income individuals, there are provisions to waive fees, ensuring that the system remains accessible to all.
Ontario’s Condominium Authority Tribunal
Ontario, which established its Condominium Authority Tribunal (CAT) in 2018, took lessons learned from BC’s CRT and applied them to its own system. Ontario’s tribunal was initially limited in scope, dealing mainly with disputes related to condo documents, but has expanded over time to cover more areas, including nuisance-related disputes (such as noise, smoke, and odor) and by-law complaints.
Consultations are underway to further expand the tribunal’s jurisdiction into areas such as owners’ meetings and voting procedures.
Like BC, Ontario’s tribunal uses an online, accessible platform with a three-stage dispute resolution process that advances step-by-step as needed.
STAGE 1 – NEGOTIATION: Parties involved work together to resolve their dispute using the CAT’s online platform, streamlining the exchange of messages, settlement offers, and documents. Disputes move to mediation if negotiation is unsuccessful.
STAGE 2 – MEDIATION: A mediator helps the parties work through their differences, and if successful, a settlement agreement or consent order is issued. The case proceeds to adjudication if mediation fails.
STAGE 3 – ADJUDICATION: A tribunal member conducts an online hearing, where parties present their arguments, evidence, and call witnesses. The adjudicator’s final decision is legally binding, and the parties must abide by it.
Ontario’s Tribunal: Fees, Timelines & Funding
Ontario’s free structure is slightly more complex than BC’s but is still designed to be affordable. If all stages in the tribunal are utilized, the total cost is $200 (fees per stage include $25 for negotiation, $50 for mediation, and $125 for adjudication). The person applying pays for each stage they use, ensuring they only pay for the services they need.
In terms of a timeline for a decision, what we have heard is that disputes that aren’t resolved in the first two stages and do make it through to adjudication, take on average 6-8 months from the start of the process to receive a decision, with a decision expected within 30 days from the adjudication hearing.
Ontario’s tribunal is funded through the Condominium Authority of Ontario (CAO), which collects an annual per-door fee from condo corporations. This fee started at $1 per unit per month and has decreased over time to $0.75 per unit per month. The revenue generated helps cover the costs of the tribunal’s operations, including its online platform, staff, and services.
With differing fees for each stage, Ontario’s tribunal ensures that owners pay for the level of service they need.
The Role of Mediation and Negotiation
One of the features of both BC’s and Ontario’s systems is the emphasis on mediation and negotiation. These early stages of dispute resolution allow parties to settle matters without the need for a lengthy adjudication process. We anticipate Alberta’s system will likely also prioritize these stages, offering affordable options for parties to work through their disputes collaboratively and cost-effectively.
There is Room for Improvement
Both panelists pointed out that while the tribunal systems are an improvement over past practices, there are areas that could be improved. One is that the low barrier of entry to file a claim may not be enough of a deterrent when it comes to filing frivolous claims. They both would like to see the initial fees raised, with the understanding that both provinces have fee waivers for low-income individuals.
Another area for improvement presented was the awarding of legal fees. Currently, legal fees are only awarded in exceptional cases, which means that the costs of defending against vexatious claims often fall on all unit owners of the corporation defending against a meritless claim. Both experts believe that changing this policy to allow for the legal fees to be awarded more easily would help to deter frivolous claims and protect condo owners from unnecessary costs.
LOOKING AHEAD: Alberta’s Condo Tribunal
Albertans will likely not see an operational tribunal for at least another year or two as it takes time to develop the regulations that determine many of the details, to hire and onboard staff, develop systems and become fully operational. The regulations are expected to be complex, which may extend the timeline.
While it’s likely Alberta will have something similar to other jurisdictions, it’s hard to predict the final result. That being said, some information has been released, and we can tell you what CCI North Alberta has advocated for during stakeholder consultations.
We know a certain amount about how the tribunal will be funded, including the government’s pledge of $3 million in seed money to get the tribunal off the ground, with ongoing funding through a per-door condo fee, similar to the Ontario model.
CCI North Alberta has been advocating for a staged approach, similar to Ontario. Starting with a smaller scope focused on less complex issues would give the tribunal time to build expertise and refine its processes before addressing more nuanced challenges in the condo world. This approach aims to set the tribunal up for a successful launch and provide quicker decisions for Albertans seeking resolution.
Whatever the initial jurisdiction, a great deal is going to rely on the tribunal being well-resourced with knowledgeable and well-trained adjudicators. Through the various stages of tribunal development, we will continue representing our members in ongoing consultations with Service Alberta.