Manager Participation in Condominium Authority Tribunal Proceedings

The following important information was received recently from Ali Arlani, Chief Executive Officer and Registrar of The Condominium Management Regulatory Authority of Ontario (CMRAO):

"Following recent regulatory changes expanding the jurisdiction of the Condominium Authority Tribunal (CAT), the CMRAO has received inquiries regarding the role of condominium managers and management providers in CAT proceedings. 

The CMRAO's position is that managers may support their client condominium corporations in relation to CAT matters, but they must not act as representatives before the CAT. Representation before administrative tribunals generally constitutes the provision of legal services and is restricted to licensed lawyers and paralegals, subject to limited exemptions. Condominium managers are not authorized to provide legal services, and their licensed scope of practice does not include representing a party in an adjudicative proceeding. 

Accordingly, managers must not appear before the CAT on behalf of a condominium corporation to make submissions, advance legal arguments, interpret legal rights or obligations for the purpose of a proceeding, negotiate legal positions, or otherwise act as the corporation's representative. Managers must also not provide legal advice to boards, owners, or other parties in connection with CAT matters. 

This does not prevent managers from providing appropriate administrative, operational, or factual support where that support falls within their professional role and is contemplated by the management agreement. For example, managers may: 

·        gather, organize, and maintain records; 

·        track deadlines and procedural requirements; 

·        upload documents at the direction of the board or legal counsel; 

·        co-ordinate communications and hearing logistics; 

·        assist legal counsel with document and information management; and 

·        provide factual information or witness evidence about matters within
         their personal knowledge. 

Managers may also help their client corporations understand the procedural steps involved in the CAT process, provided they do not cross the line into providing legal advice or legal representation. The CMRAO Competency Profile recognizes that condominium managers may possess knowledge of the CAT process and may support corporations in navigating procedural requirements. It does not contemplate managers acting as legal representatives in tribunal proceedings. 

Where representation is required, condominium corporations should retain a licensed lawyer or paralegal, as appropriate. 

The CMRAO understands that some CAT matters are already underway with condominium managers actively involved. In those cases, managers may continue their current involvement to help ensure there is no disruption to the proceeding during this transition period.

Maintaining these professional boundaries protects the public interest, helps ensure parties receive competent legal representation when needed, and reinforces confidence in Ontario's regulated condominium management profession."