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Choose your role:
Derchansky v. York Region Condominium Corporation No. 818 - 2023 ONCAT 127 - 2023-09-07
Corporation:
DYRCC 818
Date:
2023-09-07
Summary:
In the case of Derchansky v. York Region Condominium Corporation No. 818, the Condominium Authority Tribunal (CAT) issued a withdrawal order on September 7, 2023. The Applicant, had filed an application with the CAT related to two Requests for Records. However, the Applicant later informed the CAT that they had received the records in question and wished to withdraw the case. The Respondent did not make any submissions in response. The CAT accepted the Applicant's withdrawal request and ordered the case to be closed in Stage 3 without an award of costs.
Under:
CAT Decisions - Decision
Access to Records
Verdict:
In this case, the Applicant, filed an application with the Condominium Authority Tribunal (CAT) regarding requests for records, but later informed the CAT that they had received the records in question and wished to withdraw the case. As a result, the CAT issued a Withdrawal Order, closing the case in Stage 3 without an award of costs. This case highlights the option for an applicant to withdraw their case if their concerns are resolved before proceeding further in the dispute resolution process
Takeaways:
Takeaways from "Derchansky v. York Region Condominium Corporation No. 818, 2023 ONCAT 127":
Withdrawal of a Case: This case demonstrates that an applicant in a condominium dispute can choose to withdraw their case at any stage of the proceedings. In this instance, the applicant, Itzchak Derchansky, decided to withdraw the case after receiving the records they had requested, indicating that no party was seeking costs.
Rule 43.1 of CAT's Rules: The Condominium Authority Tribunal (CAT) operates under specific rules and procedures. Rule 43.1 allows the CAT to close a case in Stage 3 (Tribunal Decision) when an applicant informs the CAT of their intent to withdraw the case.
Private and Confidential Settlement Communications: Messages and documents containing settlement-related discussions and offers shared during the negotiation and mediation stages of the case are considered private and confidential, with restrictions on sharing without the other party's permission.
Efficient Resolution: This case exemplifies how the CAT's procedures can efficiently resolve condominium disputes, as cases can be withdrawn if the issues are resolved before proceeding further in the dispute resolution process.
No Costs Awarded: In this case, no award of costs was sought or granted, as both parties agreed to the withdrawal of the case.
Overall, this case underscores the flexibility and procedural options available within the CAT's framework for condominium dispute resolution
Recommendations:
Document Management: It is advisable for both parties involved in Derchansky v. York Region Condominium Corporation No. 818 to establish clear guidelines and procedures for document management. This will ensure that all relevant records are properly maintained and provided when necessary. Having a consistent and organized system for records can help prevent disputes and streamline the process of accessing records in the future.
Communication and Cooperation: The withdrawal order mentions that the Applicant received the records they had requested, leading to the withdrawal of the case. It is recommended for the parties to maintain open communication and cooperation to address any further record requests or concerns that may arise in the future. By maintaining a cooperative approach, it may be possible to resolve disputes and access to records more efficiently and amicably.
Awareness of Confidentiality: As stated in the withdrawal order, settlement-related messages or offers shared during the negotiation and mediation stages are considered private and confidential. It is essential for the parties involved to respect the confidentiality of these messages and documents. Ensuring awareness of this confidentiality provision can help maintain trust and facilitate effective negotiation in future disputes.