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Demchuk v. Halton Condominium Corporation No. 386 - 2021 ONCAT 120 - 2021-12-17

Corporation:

DHCC 386

Date:

2021-12-17

Under:

CAT Decisions - Dismissal Order

Summary:

In Demchuk v. Halton Condominium Corporation No. 386 (2021 ONCAT 120), the Condominium Authority Tribunal (CAT) issued a Dismissal Order. The Applicant had filed an application with the CAT, which had proceeded to the Mediation stage. However, the CAT closed the case in Mediation under Rule 32.3, citing the Applicant's repeated failure to actively participate in the process and move the matter forward to Stage 3 - Adjudication. As a result, the CAT concluded that the case had been abandoned and ordered its dismissal.

Verdict:

"In the case of Demchuk v. Halton Condominium Corporation No. 386 (2021 ONCAT 120), the Condominium Authority Tribunal (CAT) issued a Dismissal Order. The Applicant had filed an application that had progressed to the Mediation stage but repeatedly failed to actively participate in the process, leading the CAT to conclude that the case had been abandoned. The lesson here is that active participation is essential to the progress of a case within the CAT, and failure to do so may result in the case being dismissed.

Takeaways:

Takeaways from Demchuk v. Halton Condominium Corporation No. 386 (2021 ONCAT 120):

Abandonment of Case: The Applicant, Borys Demchuk, filed an application with the Condominium Authority Tribunal (CAT) but repeatedly failed to actively participate in the mediation process. This lack of engagement led to the determination that the case had been abandoned.

Rule 32.3: The CAT's Rules of Practice, specifically Rule 32.3, empower the CAT to close a case during the mediation stage if the Applicant abandons their case by not taking necessary actions to move it forward.

Dismissal Order: Due to the Applicant's abandonment of the case, the Tribunal issued a dismissal order, effectively closing the case.

Confidentiality: The order emphasizes that any documents and messages shared during Stage 2 mediation are private and confidential. Users are not allowed to disclose this information to others without permission.

Legal Requirements: While confidentiality is maintained, there is an exception for sharing documents if required by law, such as to a government organization or a court.

Recommendations: 

Recommendations based on Demchuk v. Halton Condominium Corporation No. 386 (2021 ONCAT 120):

Active Engagement: Applicants and all parties involved in a CAT case should actively engage in the mediation and adjudication process. Failure to do so can lead to the case being considered abandoned and ultimately dismissed. It's crucial for Applicants to promptly respond and participate in the proceedings.

Understanding CAT Rules: Applicants and Respondents should have a clear understanding of the CAT's Rules of Practice, including Rule 32.3, which allows for case closure during mediation if abandonment is determined. Understanding the rules and procedures can help prevent unintentional case dismissals.

Communication and Cooperation: In condominium disputes, clear and open communication between the parties is vital. All parties should cooperate and engage constructively in the mediation process to ensure that their case proceeds smoothly and is not abandoned.

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