Position: Member – Condominium Authority Tribunal
Reports to: Chair CAT
Employment Type: Part-Time and Per diem basis
Job closing date: Feb. 11, 2025 at 4 pm
Background
The Condominium Authority Tribunal (CAT) is an adjudicative tribunal dedicated to resolving certain types of condominium-related disputes. The CAT is Ontario’s first fully online tribunal and uses an online dispute resolution system (CAT-ODR) to help people resolve their disputes conveniently, quickly, and affordably.
The CAT has exclusive jurisdiction to hear and to make legally binding and enforceable decisions about certain types of disputes under the Condominium Act, 1998. The CAT can currently, accept applications about a range of issues including Condominium Records, Pets and Animals, Vehicles, Parking and Storage, Noise, Odours, Vibration, Light, Smoke and Vapour, and Compliance with Settlement Agreements.
The CAT is part of the Condominium Authority of Ontario (CAO). The CAO provides services and resources for condominium communities. These include:
easy-to-use information to help owners and residents understand their rights and responsibilities
mandatory training for condo directors
resources to help condo owners and residents resolve common issues
an online dispute resolution service through the CAT
Purpose of position
CAT Members are primarily responsible for mediating and adjudicating disputes through the CAT’s online dispute resolution platform. Members must act in accordance with the CAO’s mission, core values, and governance and accountability documents.
Members are appointed to the CAT on a part-time, per diem basis in accordance with the CAT’s Per Diem Policy.
Additional consideration will be given to applicants who can demonstrate fluency in French (both written and oral), and to candidates who have experience with adjudicating and resolving Human Rights, disability and accommodation disputes.
The CAT is committed to reflecting the communities we serve and to promote a diverse, anti-racist, inclusive, accessible, merit-based, respectful and equitable workplace. We invite all interested individuals to apply and encourage applications from people with disabilities, Indigenous, Black, and racialized individuals, as well as people from a diversity of ethnic and cultural origins, sexual orientations, gender identities and expressions.
Key Responsibilities
Members work under the general direction and mentorship of the CAT Chair, and one or more Vice-Chairs. The CAT requires members to be fully trained and knowledgeable in the law, as well as tribunal procedures and the CAT online dispute resolution system.
CAT Members are expected manage multiple concurrent cases. Members are expected to check active cases at least once a day for messages and tasks, and more often as required by any ongoing case. Members are expected to attend a half-day monthly meeting.
Members are expected to perform the following key functions:
As an Adjudicator:
Maintains impartiality and open-mindedness, and ensures adjudicative independence, while managing the dispute resolution process, and making procedural rulings and adjudicative decisions;
Understands and applies the relevant legislation and case law, and the Tribunal Rules and policies;
Carries out dispute resolution and decision-making processes in a proactive, flexible, fair and timely manner;
Reviews and analyzes all evidence and submissions thoroughly, makes findings of fact, and interprets and applies the law;
Prepares rulings, orders and decisions with reasons that are clear, complete and concise, and follows the decision review and format guidelines.
As a Mediator:
Works collaboratively and creatively with the parties and participants to promote early settlements, in accordance with the Tribunal’s procedures and policies, and with a focus on interest-based solutions that support the ongoing condominium community relationships;
Understands the relevant legislation and case law, and the Tribunal Rules and policies, which provide the basis for identifying issues and interests; and offers suggestions for possible resolution, in keeping with the merits of the case and the interests of the parties
Has the creativity and flexibility to be part of an innovative tribunal guided by the user experience, and the core principles of fairness and impartiality.
Recognizes the users’ perspective in the value of predictability in the Tribunal’s approaches to dispute resolution, and promotes consistency through open and collegial communications about ongoing legal and procedural issues.
Recognizes the importance of adjudicative excellence, and participates in training and professional development activities, and stays informed about leading case law, tribunal best practices and effective use of the CAT online dispute resolution system as it develops and grows.
Works in a respectful and collegial manner with all Tribunal Members and staff, and follows the operational and case management policies of the Tribunal and the Condominium Authority of Ontario (CAO).
Participates in the Tribunal Member performance assessment system, which may include self-assessments and peer and other assessments of performance, and discussions about learning plans and other desired supports.
CAT Members are required to comply with the CAT Code of Conduct and Conflict of Interest Policy. Members are required to declare any possible conflicts and outside activity before appointment, and to proactively disclose any external / non-CAT activities or engagements and to work with the Tribunal Chair to navigate potential conflicts of interest.
Qualifications, Skills and Knowledge
Members are expected to have the following abilities, skills and knowledge to carry out their responsibilities effectively:
Experience in a neutral dispute resolution role such as tribunal Member or adjudicator, arbitrator, mediator, conciliator, or ombudsperson; or experience and skills related to proactively and fairly managing a process that involves hearing from participants, analyzing information, encouraging resolution, and making or writing decisions;
Direct or related experience and skills related to diverse and creative interest-based approaches to mediating or settling disputes in different settings such as in-person, telephone, videoconference or online;
An advanced level of computer and online skills;
Experience in interpreting and applying legislation, precedent cases or policies, which would ideally include specific knowledge of the Condominium Act, 1998, the Statutory Powers Procedure Act, as well as administrative law and the principles of procedural fairness or natural justice;
Understanding of the professional, institutional and community context within which the Tribunal and its users operate, including an understanding of condominium communities, public service and consumer protection values, and concepts related to access to justice and proportionality;
Experience and demonstrated skills in working with people in an empathetic and accessible manner, using cultural competence and effective communications to manage confrontational or stressful situations, and to work with diverse Tribunal users, including those who are unrepresented, have lower levels of language ability, are not familiar with tribunal proceedings, or are not familiar with an online dispute resolution system;
Demonstrated analytical, conceptual, problem-solving, decision-making and writing skills, including impartiality and sound judgment to fairly assess cases involving conflicting or ambiguous evidence or law;
Ability to make and write reasoned decisions that are clear, complete and concise, and finished in a timely manner;
Commitment to ongoing professional development to enhance expertise and ensure dispute resolution and adjudicative excellence;
Good organizational skills to manage a fluctuating or heavy workload with complex and simultaneous online processes.
Is empathetic to the needs of the users of the Tribunal, and treats every user of the Tribunal with fairness, respect and courtesy.
Respects diversity and inclusion, and the need for human rights-related accommodation.
Ensures an accessible, fair and proportionate process that all users are able to understand and participate in.
Preserves confidentiality and respects privacy rights, in accordance with the law and Tribunal policy.
Recognizes and appropriately discloses and addresses situations that may involve possible bias or conflict of interest.
Works constructively and contributes to the development of the Tribunal by sharing knowledge, time and experience with other Members and staff, and by engaging in internal discussions to improve the quality of services and the developing online system.
Acts with integrity and honesty, and in accordance with the law and the Condominium Authority of Ontario’s mission, core values, and governance and accountability documents.
Working conditions/environment
Remote/Hybrid Environment