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Ahmadi General Trading Inc. v. Toronto Standard Condominium Corporation No. 2519 - 2021 ONCAT 34 - 2021-04-22

Corporation:

AGTTSCC 2519

Date:

2021-04-22

Under:

CAT Decisions - Dismissal Order
Access to Records
Entitlement to Records
Fees, Costs, Penalties

Summary:

In the case of Ahmadi General Trading Inc. v. Toronto Standard Condominium Corporation No. 2519, a Dismissal Order was issued by Member of the Condominium Authority Tribunal (CAT) on April 22, 2021. The Applicant withdrew their case during the mediation stage. Toronto Standard Condominium Corporation No. 2519 had requested the dismissal of multiple cases, alleging vexatious conduct. The CAT had ordered the Applicant to select one case to proceed with within 14 days.

The Applicant chose to withdraw the specific case in question (2020-00414R) and proceed with another (2020-00420R), leading to the dismissal of this case. As a result, the CAT closed the case in Stage 2 - Mediation, and any documents and messages shared during Stages 1 and 2 are to remain private and confidential.

Verdict:

The case of Ahmadi General Trading Inc. v. Toronto Standard Condominium Corporation No. 2519 resulted in a Dismissal Order by the Condominium Authority Tribunal (CAT) due to the Applicant's withdrawal during the mediation stage. This case highlights the CAT's authority to close cases when applicants voluntarily withdraw, as well as the consequences of alleged vexatious conduct by parties involved. It underscores the importance of adhering to the rules and procedures governing dispute resolution in condominium-related matters.

Takeaways:

Case Dismissal: The Condominium Authority Tribunal (CAT) issued a Dismissal Order on April 22, 2021, in response to an application filed by the applicant which had reached Stage 2 - Mediation.

Vexatious Conduct Allegations: The Respondent, Toronto Standard Condominium Corporation No. 2519, had submitted motions to the CAT, seeking the dismissal or merger of multiple cases, including this one, and alleging vexatious conduct by the parties involved.

Applicant's Decision: The CAT's decision, released on April 8, 2021, required the Applicant to select one case to proceed with out of the ones in question (2020-00414R and 2020-00420R). The Applicant chose to withdraw the 2020-00414R case.

Case Closure: As a result, the CAT closed this case in Stage 2 - Mediation in accordance with its Rules of Practice.

Privacy of Documents: Any documents and messages exchanged during Stages 1 and 2 of the case were deemed private and confidential, with restrictions on sharing them without the other party's permission, except when required by law, such as for government organizations or courts.

Recommendations: 

Adhere to Mediation and Tribunal Rules: Parties involved in condominium-related disputes should ensure that they are familiar with the rules and procedures of the Condominium Authority Tribunal (CAT), especially those related to mediation and dispute resolution. This includes being aware of the CAT's authority to close cases when an applicant properly withdraws, as outlined in Rule 32.3.

Avoid Vexatious Conduct: Parties should aim to conduct themselves in a manner that avoids allegations of vexatious conduct. Vexatious motions and conduct can lead to unfavorable outcomes and delays in the resolution process. It is advisable to engage in a constructive and respectful manner during the dispute resolution process.

Consult Legal Professionals: When facing complex condominium-related disputes, it is often beneficial to seek legal counsel or professional advice to navigate the legal aspects of the case. Legal professionals can help parties understand their rights and obligations, ensuring they make informed decisions throughout the dispute resolution process.

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