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Cerrato v. Simcoe Condominium Corporation No. 8 - 2024 ONCAT 28 - 2024-02-28

Corporation:

CSCC 8

Date:

Wed Feb 28 2024 05:00:00 GMT+0000 (Coordinated Universal Time)

Under:

CAT Decisions - Motion Order
Access to Records
Fees, Costs, Penalties

Summary:

In Cerrato v. Simcoe Condominium Corporation No. 8, Lenka Cernova-Cerrato made a motion to merge two records cases related to access to records and fees, costs, and penalties. However, the notice of the motion was sent to the condominium corporation's email address instead of the respondent's counsel. As a result, the respondent did not have an opportunity to respond. The Condominium Authority Tribunal (CAT) acknowledged the error and made an order to merge the cases, considering it most effective to consolidate all the issues into one case.

Verdict:

Failure to provide proper notice can hinder the fairness of the resolution process. Parties should ensure that all relevant parties receive notifications to maintain fairness and transparency.

Takeaways:

Proper notice: It's essential to ensure that all parties involved in a dispute receive proper notice of motions or proceedings to provide them with an opportunity to respond.
Efficient process: Consolidating related cases can lead to a more efficient resolution process, especially when they involve similar issues.
Fairness: CAT may issue orders to ensure fairness, focus, and efficiency in the resolution process, as per Rule 4.1 of the Tribunal Rules.

Recommendations: 

Double-check communications: Verify that notices, motions, or other communications are sent to the correct recipients to avoid misunderstandings or procedural errors.
Efficiency: Consider merging related cases to streamline the resolution process and address all issues comprehensively.
Fairness: CAT may intervene to rectify errors and ensure fairness in the resolution process.




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