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Middlesex Condominium Corporation No. 116 v. McIntosh - 2023 ONCAT 122 - 2023-08-31

Corporation:

MCC 116

Date:

2023-08-31

Under:

CAT Decisions - Motion Order

Summary:

In the case of Middlesex Condominium Corporation No. 116 v. McIntosh, the Condominium Authority Tribunal (CAT) issued a Motion Order on August 31, 2023, with Chair Ian Darling presiding. The Applicant, Middlesex Condominium Corporation No. 116, was represented by Counsel, and the Respondent was represented another Counsel. The case had been closed due to inactivity for 30 days, but both parties requested on consent to reopen the case. The Tribunal found no prejudice to either party in reopening the case, and both parties expressed their desire to continue with the CAT process.

Verdict:

Quick Verdict: This case demonstrates that in the Condominium Authority Tribunal (CAT), closed cases can be reopened upon the consent of both parties, provided there is no prejudice to either party, showing the tribunal's flexibility in managing cases.

Lesson: Parties in CAT cases have the opportunity to resume proceedings if both parties agree and the tribunal finds no harm in reopening the case, emphasizing the importance of cooperation and fairness in dispute resolution.

Takeaways:

Middlesex Condominium Corporation No. 116 v. McIntosh, 2023 ONCAT 122:

Reopening Cases: This case illustrates that in the Condominium Authority Tribunal (CAT), closed cases can be reopened upon the request of both parties, provided there is no prejudice to either party.

Preservation of CAT Process: The CAT process is designed to facilitate the resolution of condominium-related disputes. In this instance, both parties expressed their desire to continue with the CAT process, highlighting the tribunal's role in ensuring dispute resolution.

Parties' Consent: The reopening of cases in CAT often hinges on the consent of the involved parties, emphasizing the importance of collaboration and agreement in the dispute resolution process.

Avoiding Prejudice: The decision to reopen cases is made while considering the potential for prejudice to either party, underlining the CAT's commitment to fairness.

Chair's Authority: The Chair of the CAT can make orders to reopen cases based on the circumstances and parties' requests, showing the tribunal's flexibility in managing cases.

Recommendations: 

Case Progress Monitoring: The Condominium Authority Tribunal (CAT) should continue to actively monitor the progress of this case to ensure it does not become inactive again. CAT should establish a system for tracking the status of the case and ensure that all necessary actions, such as submissions, responses, and hearings, are scheduled and completed in a timely manner.

Communication Facilitation: CAT should encourage open and effective communication between the parties, Middlesex Condominium Corporation No. 116 and Daniel McIntosh, and their respective legal counsel, Meghan Alexander and Erin Rankin Nash. CAT can offer guidance and support to help the parties resolve their dispute through the CAT process efficiently.

Set Expectations: CAT should set clear expectations regarding the timeline and steps for the continuation of the case. This includes specifying deadlines for submissions, responses, and hearings. Clear communication of expectations and deadlines can help ensure that the case proceeds smoothly and in a timely manner.

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