Condominium Dispute Resolution Tribunal

The CDRT provides Albertans with access to independent, fair, and timely quasi-judicial and alternative dispute resolution services for the resolution of disputes concerning the Condominium Property Act, the Condominium Property Regulation and the condominium community.

The CDRT has the jurisdiction to review specific types of matters within the Condominium Property Act and Condominium Property Regulation, as per the CDRT Regulation (Tribunal Regulation). Those matters are:

• monetary sanctions imposed by a corporation, including the process that took place in applying that sanction (section 35 of the Condominium Property Act)
• access to documents (sections 43.2 and 44 of the Condominium Property Act and Part 1.6 of the Condominium Property Regulation)
• general meetings and special general meetings of a corporation (sections 30 and 31 of the Condominium Property Act)

The CDRT is made up of members from a broad range of expertise and backgrounds.

All CDRT members, including the Tribunal Chair, are appointed by Ministerial Order and are compensated for their work in accordance with the Committee Remuneration Order (OC466/2007).

The CDRT charges user fees depending on the services used by applicants:

• $150 application fee that includes:
  • guided negotiation
  • first 4 hours of mediation services
• Additional mediation fees:
  • $150 per half day (4 hours)
  • up to a maximum of $300 per day
• $350 adjudication fee

User fees may be reduced or waived by the Tribunal Chair where applicants can demonstrate financial hardship. Should an applicant wish to apply for a waiver of a user fee, they will need to complete and submit the required form.

Guided Negotiation is the first step taken in the dispute process, after the respondent(s) reply to the claim, and takes place online in a chat room within the CDRT’s Application Service. CDRT staff moderate the discussion to make sure it stays productive and that the parties can openly communicate and express what they hope to achieve. Reaching a mutually agreed upon outcome in this step can result in a timely, more cost-effective settlement.

Mediation usually follows Guided Negotiation if that process fails. It is a voluntary, informal, and confidential process that is intended to allow the parties to come to their own resolution with the assistance of a skilled mediator to facilitate communication between the parties.

During Mediation, both parties meet with a mediator to discuss the dispute. The mediator guides the conversation to help each side understand the other’s perspective and work toward an agreement. The dispute is only resolved when all parties agree on the outcome.

Should Guided Negotiation and Mediation be unsuccessful, the CDRT can provide Adjudication services.

Where Guided Negotiation and Mediation encourage conversation and discussion between parties, Adjudication is a more formal proceeding that requires more preparation. It is ideal for situations that require a binding decision from a third-party, such as when both parties have deeply entrenched views.

At an Adjudication hearing, a panel comprised of one or more CDRT members will be assigned to hear and decide the dispute. Each party will have an opportunity to present their evidence and arguments and ask questions. The panel may also ask questions of the parties.

Following an Adjudication hearing, parties will be provided with a written decision that is legally binding, which will include:

• an overview of the evidence and arguments submitted
• how evidence was weighed by the panel
• how the panel applied the legislation to the dispute
• what the panel decided and why

Parties will not receive a decision during a hearing.

The Tribunal Regulation requires that decisions are issued within 60 days of the conclusion of a hearing and allows for one 30-day extension to that time limitation at the discretion of the Tribunal Chair. If the Tribunal Chair determines that the deadline to issue a decision needs to be extended, the parties will be notified.

If a party disagrees with the decision, they may file an appeal with the Court of King’s Bench, on a question of law only, within 30 days of receiving their decision. If a party feels the process used by the panel was unfair, they can file a judicial review with the Court of King's Bench. Judicial Reviews must be filed within 30 days of the receipt of a decision.

CDRT decisions will be posted on the CanLII website.

• General Information Fact Sheet
• Guided Negotiation Fact Sheet
• Mediation Fact Sheet
• Adjudication Fact Sheet

• CDRT Policies and Procedures

• Condominium Dispute Resolution Tribunal Application
• Request for CDRT Fee Waiver
• Personal Representative Authorization