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Eritsos v. York Region Condominium Corporation No. 955 - 2020 ONCAT 39 - 2020-10-19

Corporation:

EYRCC 955

Date:

2020-10-19

Under:

CAT Decisions - Dismissal Order

Summary:

The case of Eritsos v. York Region Condominium Corporation No. 955 resulted in a dismissal order by the Condominium Authority Tribunal (CAT). The Applicant filed the application, which reached Stage 2 on August 20, 2020. However, the Applicant ceased participation in the mediation process since August 26, 2020, despite multiple requests to engage.

Verdict:

Quick Verdict/Lesson: Eritsos v. York Region Condominium Corporation No. 955 (2020 ONCAT 39) demonstrates that the Condominium Authority Tribunal can dismiss a case in the mediation stage if the Applicant fails to actively participate and abandons the proceedings. This emphasizes the importance of engaging in the dispute resolution process and responding to requests for participation to avoid case dismissal.

Takeaways:

Abandonment of Case: The case highlights that the Condominium Authority Tribunal (CAT) has the authority, under Rule 32.3 of its Rules of Practice, to close a case in Stage 2 - Mediation if it determines that the Applicant has abandoned their case.

Lack of Participation: In this specific case, the Applicant stopped participating in the mediation process since August 26, 2020, despite repeated requests to engage in the proceedings.

Dismissal Order: When an Applicant fails to actively participate in the CAT process, the Tribunal may issue a dismissal order. The CAT issued a Dismissal Order in this case, closing it during the Mediation stage.

Confidentiality: Documents and messages shared between parties during Stage 1 - Negotiation and Stage 2 - Mediation are considered private and confidential, and Users are not permitted to share or disclose them without the other party's consent.

Legal Obligations: Users may share case-related documents if required by law, such as for submission to a government organization or a court.

Recommendations: 

Active Participation: Parties involved in condominium dispute resolution processes should actively participate in all stages of mediation. Failure to engage can result in case abandonment and dismissal, as demonstrated in this case.

Timely Response: It's essential for both Applicants and Respondents to promptly respond to requests and notices from the Condominium Authority Tribunal. Delays in communication may lead to adverse outcomes.

Communication and Submissions: Parties should take full advantage of opportunities to submit their positions and responses during the dispute resolution process. Failure to provide submissions and explanations may result in a case being dismissed without a fair hearing.

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