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Borys Demchuk v Peel Condominium Corporation No. 94 - 2019 ONCAT 7 - 2019-04-05

Corporation:

BDPCC 94

Date:

2019-04-05

Under:

CAT Decisions - Motion Order

Summary:

In the case of Borys Demchuk v Peel Condominium Corporation No. 94 (2019 ONCAT 7), a Motion Order was issued on April 5, 2019, by Ian Darling, Chair of the Condominium Authority Tribunal (CAT). The dispute initially went through mediation on the CAT Online Dispute Resolution system, which was unsuccessful. The applicant failed to request adjudication within the prescribed 30-day period after mediation, and subsequently, the case was closed. The applicant requested to reopen the case for a late request for adjudication. However, the CAT, after considering both users' submissions, denied the extension of time, citing that the delay was not justified, the justice of the case would not be served by granting an extension, and the applicant had been provided with the records from the mediation.

Verdict:

The CAT denied the applicant's request to reopen the case for a late request for adjudication because the applicant failed to adhere to the 30-day deadline, provided no compelling reasons for the delay, and the delay was minimal. This decision emphasizes the importance of adhering to deadlines and proper procedures in maintaining the integrity of the dispute resolution process.




Takeaways:

In the case of Borys Demchuk v Peel Condominium Corporation No. 94, the Condominium Authority Tribunal (CAT) addressed a request for reopening a case to allow for a late request for adjudication.

The CAT rules provide a 30-day period for an applicant to request adjudication after unsuccessful mediation, and failure to do so results in the case being closed. The applicant requested to reopen the case after missing this deadline.

The CAT considered factors for granting an extension, guided by Frey v. MacDonald, which include the intention to appeal, the length of the delay, prejudice to the other party, and the merits of the appeal.

The CAT, in this case, found that although the delay was minor, the applicant did not provide compelling reasons for missing the deadline. The applicant was aware of the consequences and had not received an extension during mediation.

The CAT ultimately denied the application to reopen the case, emphasizing the importance of adhering to deadlines and ensuring that requests for records were properly submitted in the first place to maintain the integrity of the dispute resolution process.

Recommendations: 

Ensure Timely Adherence to Deadlines: Parties involved in dispute resolution processes, like the CAT-ODR system, should be diligent in adhering to deadlines, especially those related to requesting adjudication. Failing to do so can result in the closure of the case.

Clearly Communicate Intentions and Challenges: When facing difficulties or delays in the process, it's essential to communicate these issues promptly and clearly to the relevant authorities. In this case, the applicant's challenges could have been better addressed if they had been communicated effectively.

Follow Proper Request Procedures: When submitting requests or additional records, ensure they adhere to the proper format and procedure. This avoids confusion and ensures that the case proceeds smoothly. Parties should be informed about the importance of following the correct request procedures.

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