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Canonaco v. Muskoka Condominium Corporation No. 42 - 2024 ONCAT 37 - 2024-03-12




Tue Mar 12 2024 04:00:00 GMT+0000 (Coordinated Universal Time)


The Applicant filed a motion to reopen CAT Case 2023-00595R, which closed due to inactivity during Stage 1 Negotiation. The motion was based on the Applicant's assertion of actively seeking updates and receiving no response from the Respondent. However, the Chair, Ian Darling, dismissed the motion, considering factors from Frey v. MacDonald and concluding that the remaining issues related more to governance than to maintaining or accessing records, which falls outside the jurisdiction of the Tribunal.


CAT Decisions - Motion Order


In this case, despite the Applicant's motion to reopen the case citing active engagement and lack of response from the Respondent, the Tribunal declined to do so, as the remaining issues were deemed to fall outside the Tribunal's jurisdiction regarding record access and maintenance.


Inactive cases may be subject to closure by the CAT after a period of inactivity.
A party seeking to reopen a case must demonstrate a bona fide intention, address the length of the delay, consider prejudice to the other party, and demonstrate the merits of the appeal.
The Tribunal may decline to reopen a case if the remaining issues relate more to governance or other matters beyond the scope of record maintenance or access.
The Tribunal's decision to reopen a case is guided by the justice of the case and ensuring fairness to all parties involved.


Parties involved in CAT cases should ensure timely and meaningful engagement throughout the proceedings to avoid cases being closed due to inactivity. Additionally, they should carefully consider the scope of their disputes and whether they fall within the Tribunal's jurisdiction before filing motions or appeals.

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