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Avaiya v. Metropolitan Toronto Condominium Corporation No. 922 - 2021 ONCAT 123 - 2021-12-21

Corporation:

AMTCC 922

Date:

2021-12-21

Under:

CAT Decisions - Dismissal Order

Summary:

In the case of Avaiya v. Metropolitan Toronto Condominium Corporation No. 922, the Applicant filed an application with the Condominium Authority Tribunal (CAT). The case reached Stage 2 - Mediation, but the Applicant failed to pay the required fee to advance to Stage 3 - Tribunal Decision. As a result, the CAT issued a dismissal order, closing the case.

Verdict:

The case of Avaiya v. Metropolitan Toronto Condominium Corporation No. 922 resulted in a dismissal order because the Applicant, Dhiren Ayaiya, failed to pay the required fee to advance the case to Stage 3 – Tribunal Decision despite having the opportunity to do so. This case underscores the importance of adhering to the procedural rules and fulfilling financial obligations within the Condominium Authority Tribunal's dispute resolution process to avoid case dismissal.

Takeaways:

Dispute over record requests: The applicant filed three separate requests for records with concerns related to the governance or management of the condominium. The tribunal found that the respondent failed to comply with its duties under the Condominium Act 1998 and the Regulation by not providing the requested records promptly.

Allegations of improper motives: The respondent alleged that the applicant's record requests were motivated by spite and harassment. The respondent claimed that the applicant breached the condominium's rules and declaration provisions, leading to conflicts. However, the tribunal found that these alleged motives did not justify the respondent's failure to provide the requested records.

Penalty imposed: The tribunal granted the applicant's request for a penalty against the respondent for unreasonably refusing to provide requested records. This indicates that the tribunal considered the respondent's lack of compliance as a violation that warranted consequences.

Recommendations: 


Ensure Timely Payment: Parties involved in the Condominium Authority Tribunal (CAT) process should adhere to the prescribed timelines and ensure the prompt payment of any required fees to avoid case dismissal.

Stay Engaged: Applicants should actively participate and follow through with the various stages of the CAT process, including the opportunity to move the case to a Tribunal Decision hearing when necessary.

Familiarize with CAT Rules: Parties should familiarize themselves with the CAT's Rules of Practice to understand the procedures, deadlines, and obligations to prevent potential case dismissals due to non-compliance.

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