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The Council of Canadian Administrative Tribunals is pleased to provide you with this New Job Bank that will enable members and non-members to post upcoming positions or find positions in the field of administrative tribunals. If you are a non-member and wish to post a position, please email info@ccat-ctac.org. A CCAT administrator will post the position for a fee of $100.00 plus applicable taxes. CCAT members can access and post on the Job Bank free of charge by clicking "add post" at the link below.

JOB BANK

Part-Time Member - Condominium Authority Tribunal (Ontario)

CAT – Toronto, Ontario

Purpose

The Condominium Authority Tribunal (“the CAT” or “the Tribunal”) is currently accepting applications for part-time Members.

The CAT, Ontario’s first fully online tribunal, has been developed by the Condominium Authority of Ontario (CAO). The CAT offers an innovative online dispute resolution system (CAT-ODR) to help people resolve their condo-related disputes conveniently, quickly and affordably.

Members appointed to the CAT are responsible for resolving disputes filed with the CAT and acting in accordance with the CAO’s mission, core values, and governance and accountability frameworks.

The CAT strives for an inclusive Membership that reflects the participants in the tribunal processes. The CAT encourages applications from persons with diverse backgrounds and experiences and who reflect the geographic diversity of the province, including individuals with prior experience working in the condo sector and condo owners.

Key Duties

CAT Members work under the general direction and mentorship of the CAT Chair and one or more Vice-Chairs. CAT members must work within the CAT’s online dispute resolution system (CAT-ODR) and are accordingly required to have technical skills to conduct hearings in an online forum. Members must be capable of being fully trained and knowledgeable in condo law, the CAT-ODR system, and the CAT’s rules and procedures.

Part-time Members will be assigned cases based on their availability. Members will be assigned as Mediators in Stage 2– Mediation and Adjudicators in Stage 3 – Tribunal Decision of the CAT’s dispute resolution process. During these assignments, CAT Members are required to be actively engaged in their cases through the CAT-ODR system and are required to check their cases at least once each business day for messages and tasks (and more often as may be required in specific cases).

In addition, a Member:

1. As a Mediator:
a. 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;

b. 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.

2. As an Adjudicator:

a. Maintains impartiality and open-mindedness, and ensures adjudicative independence, while managing the dispute resolution process, and making procedural rulings and adjudicative decisions;

b. Understands and applies the relevant legislation and case law, and the Tribunal Rules and policies;

c. Carries out dispute resolution and decision-making processes in a proactive, flexible, fair and timely manner;

d. Reviews and analyzes all evidence and submissions thoroughly, makes findings of fact, and interprets and applies the law;

e. Prepares rulings, orders and decisions with reasons that are clear, complete and concise, and follows the decision review and format guidelines.

3. Has the creativity and flexibility to be part of an innovative new tribunal that pushes the boundaries of conventional tribunal procedures, while guided by the user experience, and the core principles of fairness and impartiality.

4. 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.

5. 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.

6. 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).

7. 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.

General – Integrity and Fair Practices

1. Is empathetic to the needs of the users of the Tribunal, and treats every user of the Tribunal with fairness, respect and courtesy.

2. Respects diversity and inclusion, and the need for human rights-related accommodation.

3. Ensures an accessible, fair and proportionate process that all users can understand and participate in.

4. Preserves confidentiality and respects privacy rights, in accordance with the law and Tribunal policy.

5. 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.

6. 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.

7. Recognizes and appropriately discloses and addresses situations that may involve possible bias or conflict of interest.

8. May travel within Ontario on occasion at the request or approval of the Chair (e.g., for training).

Qualifications

Members are expected to have the following abilities, skills and knowledge to carry out their responsibilities effectively:

1. 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;

2. 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;

3. Advanced computer and online skills;

4. 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;

5. Experience with condominium living / ownership, condominium disputes, and/or condominium and corporate governance;
6. 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;

7. 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, whose first language is other than English or French, are not familiar with tribunal proceedings, or are not familiar with an online dispute resolution system;

8. 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;

9. Ability to make and write reasoned decisions that are clear, complete and concise, and finished in a timely manner for public posting on the Canadian Legal Information Institute (CanLII);

10. Commitment to ongoing professional development to enhance expertise and ensure dispute resolution and adjudicative excellence;

11. Good organizational skills to manage a fluctuating or heavy workload with complex and simultaneous online processes.

Remuneration
Part-time CAT Members are remunerated on a per diem basis in accordance with the CAT’s Per Diem Policy. The CAT’s per diem rate aligns with the per diem rate paid to part-time Ontario government appointees.

Please submit your cover letter and resume together as one document by clicking “DONE."

Application Deadline: October 31, 2019

To apply for this position click here.