top of page
White Columns
< Back

Devine v. Waterloo North Condominium Corporation No. 168 - 2023 ONCAT 97 - 2023-07-20

Corporation:

DWNCC 168

Date:

2023-07-20

Under:

CAT Decisions - Dismissal Order
Noise
Vibration

Summary:

In the case of Devine v. Waterloo North Condominium Corporation No. 168, the Condominium Authority Tribunal (CAT) issued a Dismissal Order on July 20, 2023. The Applicant filed an application with the CAT, which proceeded to Stage 2 - Mediation on January 18, 2023. However, the Applicant failed to move the case to Stage 3 within the required timeframe, despite being given the opportunity to do so on June 26, 2023.

As a result, the CAT closed the case in Stage 2 - Mediation under Rule 34.3 of the CAT's Rules of Practice. The order emphasizes the confidentiality of documents and messages exchanged during the case's negotiation and mediation stages, allowing their sharing only as required by law.

Verdict:

In the case of Devine v. Waterloo North Condominium Corporation No. 168, the Condominium Authority Tribunal (CAT) issued a Dismissal Order due to the Applicant's failure to advance the case to Stage 3, as per CAT's Rules of Practice. The lesson here emphasizes the importance of complying with procedural timelines and stages in CAT proceedings to ensure the continuation of the case, with an understanding of the associated confidentiality of documents shared during earlier stages.

Takeaways:

In the case of Devine v. Waterloo North Condominium Corporation No. 168, the Condominium Authority Tribunal (CAT) issued a Dismissal Order as the Applicant failed to advance the case to Stage 3 after the opportunity to do so. Here are the key takeaways from this decision:

Compliance with CAT's Rules: It's crucial for parties involved in CAT proceedings to adhere to the procedural rules, including moving the case through its various stages within the specified timeframes.

Stage 2 Mediation Closure: CAT can close a case in Stage 2 Mediation if the Applicant doesn't progress it to Stage 3 within the provided time frame, ensuring the efficient management of cases.

Confidentiality of Documents: Documents and messages exchanged during Stage 1 Negotiation and Stage 2 Mediation are private and confidential, and users cannot share them without the other user's permission.

Legal Obligations: Users may share case-related documents if required by law, such as for government organizations or court proceedings.

Adherence to CAT Procedures: This case underscores the importance of understanding and complying with CAT's procedures and timelines to ensure the continuation of the case.

Recommendations: 

Improved Communication and Reminder System: CAT should enhance its communication and reminder system to ensure that applicants are aware of their responsibilities and timelines for advancing their cases. Automated reminders, notifications, and clear instructions at every stage of the proceedings can help prevent cases from stalling due to inaction.

Clearer Consequences for Inaction: CAT's rules and guidelines should specify the consequences of an applicant's inaction, such as case closure in a particular stage. This should be communicated clearly to applicants during the initial filing and throughout the mediation process, so they understand the importance of meeting deadlines and progressing the case.

Access to Information on Next Steps: CAT should provide applicants with readily accessible information about what to expect at each stage of the process, including the responsibilities and actions required to move the case forward. This information should be available on the CAT's website and in written communication with applicants, ensuring that they are well-informed about the process.

bottom of page