Apply to request arbitration for condominium dispute (Form 23)
Apply to request arbitration for disputes between condominium corporations and unit owners that can’t be resolved by a condominium dispute officer.
Use Form 23: Notice of Intention to Submit Dispute to Arbitration if you have a major dispute that relates to the Condominium Act, its regulations or your condominium corporation declaration.
Arbitration is a hearing process to resolve major disputes or issues between 2 or more parties. An appointed arbitrator conducts the process.
The parties for arbitration can be:
- 2 or more condominium unit owners or occupants (tenants)
- 1 condominium corporation and 1 or more condominium unit owners or occupants (tenants)
- 2 or more condominium corporations
Minor disputes are resolved through a condominium dispute hearing by a condominium dispute officer.
If you have a dispute and are unsure on what process to follow, contact the Registrar of Condominiums.
Representation
Parties can have representation at the hearing. Representation can include a lawyer or property manager.
Notify the respondent
If you don’t notify the respondent that you submitted a Notice of Arbitration to the Registrar of Condominiums, arbitration won’t take place. The respondent is the person you have a dispute with.
Once arbitration starts
Once arbitration starts, all parties need to participate. All parties are bound by the decision of the arbitrator, regardless of whether they attend or make presentations at the hearing.
Presentation of evidence
You can present evidence in written format, orally, by calling witnesses or by presenting pictures or documents. You need to provide copies of any evidence other than oral to all parties and the arbitrator at the time of the hearing.
Decision
The decision includes reasons for the decision.
Appeal
The arbitrator’s decision can be appealed, but only if there’s a claim of bias on the part of the arbitrator or if the arbitrated matter was outside the arbitrator’s jurisdiction. The appeal would be made to the Supreme Court of Nova Scotia.
Eligibility
Condominium corporations and condominium unit owners can apply to request arbitration to resolve a dispute. Any issue other than the termination of the governance of the condominium corporation by the Condominium Act can be arbitrated.
How to apply
- Contact the Registrar of Condominiums to see if the dispute should be resolved through arbitration or a dispute hearing by a condominium dispute officer.
- If you need to resolve the dispute through arbitration, complete the application form.
- Include payment with your application.
- Send your completed application and payment by registered mail or courier.
- The Registrar of Condominiums reviews your application and confirms when a copy of your application should be served upon the respondent.
- Serve a copy of your completed application upon the respondent in person, by registered mail or substitute service.
- Notify the Registrar of Condominiums that the copy was served. You need the receipt for registered mail or a statement to confirm how you delivered the copy.
- The Registrar of Condominiums sends you and the respondent a letter requesting you mutually pick an arbitrator from the Registrar of Condominium’s list of arbitrators (list is included with the letter). If both parties can’t agree or if no notification is received within 14 days as to which arbitrator is mutually acceptable, the Registrar of Condominiums appoints the arbitrator.
- Once an arbitrator is assigned, the Registrar of Condominiums sends you and the respondent a letter confirming the appointment of the arbitrator. It’s the responsibility of the parties to contact the arbitrator regarding the hearing.
- After arbitration, the decision is sent from the arbitrator to both parties (you and the respondent) and the Registrar of Condominiums.
How long it takes
It should take 1 month from the hearing date for all parties to get a written decision from the arbitrator. It’s mailed to you, unless you’ve made other arrangements with the officer.
Cost
| Activity | Fee |
|---|---|
| Appointment of arbitrator by the Registrar of Condominiums | $124.60 |
| Hearing (per half day) | $500 |
| Arbitrator writing the decision (per hour) | $150 |
There are possible costs for hearing rooms and applicable taxes.
The arbitrator can assign costs to either or both parties.
Payment options
A cheque or money order made payable to the Minister of Finance.
Before you start
Make sure you have:
- name, address and phone number of your representative, if you have one (it can be a lawyer, but doesn’t have to be)
- name, address and phone number of the respondent (condominium corporation or unit owner you have a dispute with)
- respondent’s representative if known
- description of the dispute or issue