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Compton v. Waterloo North Condominium Corporation No. 153 - 2023 ONCAT 164 - 2023-11-03

Corporation:

CWNCC 153

Date:

Fri Nov 03 2023 04:00:00 GMT+0000 (Coordinated Universal Time)

Under:

CAT Decisions - Dismissal Order

Summary:

The applicant filed an application with the Condominium Authority Tribunal against Waterloo North Condominium Corporation No 153. The case proceeded to Stage 2 - Mediation but experienced repeated delays due to the Applicant's lack of participation. The Member of the tribunal reached out to the Applicant multiple times, but received no response. A Notice of Intent to Dismiss was issued, giving the Applicant an opportunity to respond, but no response was received. The Respondent confirmed no objection to the Notice of Intent to Dismiss. As a result, the tribunal issued a Dismissal Order, closing the case in Stage 2 - Mediation.

Verdict:

The dismissal of Compton v. Waterloo North Condominium Corporation No. 153 underscores the importance of consistent and timely participation in mediation proceedings. The Applicant's repeated delays and failure to respond to outreach efforts resulted in a dismissal under Rule 34.3(d) of the CAT’s Rules of Practice, highlighting the significance of active engagement in the dispute resolution process. The ruling emphasizes that parties should take procedural deadlines seriously to ensure the effectiveness of the mediation process.

Takeaways:

Importance of Timely Participation: The case of Compton v. Waterloo North Condominium Corporation No. 153 highlights the critical role of timely and consistent participation in the mediation process. Repeated delays and lack of participation by the Applicant over several months hindered the progression of the mediation, leading to a dismissal under Rule 34.3(d) of the CAT’s Rules of Practice.

Communication with Parties: The Member, Angelique Palmer, demonstrated a proactive approach by reaching out to the Applicant multiple times to encourage participation. Despite these efforts, the Applicant did not respond, emphasizing the significance of effective communication between the parties and the Tribunal.

Notice of Intent to Dismiss: The issuance of a Notice of Intent to Dismiss, with a specified response period, provides a fair opportunity for the parties to address concerns before a final decision is made. In this case, the Applicant's failure to respond by the deadline resulted in the dismissal of the case in Stage 2 - Mediation.

Confidentiality of Mediation Communications: The Tribunal's order reinforces the confidentiality of documents and messages shared during the mediation process, emphasizing the private nature of these communications unless required by law or with the other party's permission.

Recommendations: 

Active Engagement in Mediation: Parties involved in mediation should actively engage in the process, responding promptly to communication and participating consistently. In Compton v. Waterloo North Condominium Corporation No. 153, repeated delays in the Applicant's participation led to a dismissal. To avoid such outcomes, parties should prioritize timely and consistent involvement in mediation discussions.

Communication Responsiveness: Effective communication is crucial during mediation. The Member in this case made multiple attempts to reach out to the Applicant, but no response was received. It is recommended that parties maintain open lines of communication and promptly respond to inquiries or outreach efforts to ensure the mediation process progresses smoothly.

Adherence to Deadlines and Procedures: Parties should strictly adhere to deadlines set by the Tribunal, as illustrated by the Notice of Intent to Dismiss in this case. Missing deadlines can result in the closure of the case. It is essential for both Applicants and Respondents to respect procedural timelines and comply with the Tribunal's rules to facilitate a fair and efficient resolution process.

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