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Diwa v. Toronto Standard Condominium Corporation No. 2166 et al. - 2022 ONCAT 14 - 2022-02-17

Corporation:

DTSCC 2166

Date:

2022-02-17

Summary:

In the case of Diwa v. Toronto Standard Condominium Corporation No. 2166, a motion order was issued by Ian Darling, the Chair of the Condominium Authority Tribunal (CAT). The dispute pertained to nuisances and was related to the conduct of a tenant within a condominium. However, a procedural issue arose when it was determined that the tenant in question was a former tenant, not a current occupant. The Applicant argued that the Condominium Act, 1998, did not explicitly require the tenant to be a current occupier. After reviewing the Act and the CAT's Rules of Practice, the Chair concluded that both referred to current owners and occupants. Consequently, the unidentified former tenant, who was not an occupant of the unit when the case was filed, was removed as an Intervenor from the case.

Under:

CAT Decisions - Motion Order

Verdict:

In the case of Diwa v. Toronto Standard Condominium Corporation No. 2166, a procedural issue arose when it was discovered that the dispute involved the conduct of a former tenant, not a current occupant. The ruling emphasized that the Condominium Act and the Condominium Authority Tribunal's Rules of Practice referred to current owners and occupants, leading to the removal of the former tenant as an Intervenor in the case. This case illustrates the importance of accurately identifying the parties involved in a dispute, as per the legal framework and rules governing condominium-related matters.

Takeaways:

The case of Diwa v. Toronto Standard Condominium Corporation No. 2166 involved a dispute related to nuisances within a condominium, specifically concerning the conduct of a tenant.

A procedural issue arose when it was discovered that the tenant in question was a former tenant, not a current occupant of the unit owned by Anh Lam.

The Applicant argued that the Condominium Act, 1998, did not explicitly require the tenant to be a current occupier, but the Chair of the Condominium Authority Tribunal (CAT) concluded that the Act and CAT's Rules of Practice referred to current owners and occupants.

As the Intervenor was no longer a tenant when the application was filed, they were removed as an Intervenor from the case.

This motion order addressed a procedural matter and did not make any findings regarding the merits of the dispute.

Recommendations: 

Clarify Party Status: It's essential for all parties involved in a dispute to accurately identify themselves and their roles as per the legal framework. When filing an application, ensure that you correctly categorize parties as either current owners, current occupants, or others, as defined in relevant legislation or rules.

Review Legal Definitions: Before initiating a dispute, carefully review the legal definitions and provisions that pertain to your case, especially those concerning parties' roles and responsibilities. This will help prevent misunderstandings and procedural issues later in the process.

Consult Legal Counsel: If you have any doubts about the interpretation of legal terms or rules, it's advisable to consult with legal counsel or seek guidance from professionals with expertise in condominium-related matters. Their expertise can help avoid unnecessary complications and delays during the dispute resolution process.

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