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Essex Condominium Corporation No. 25 v. Hornick - 2021 ONCAT 36 - 2021-04-30
Corporation:
ECC 25
Date:
2021-04-30
Summary:
In the case of Essex Condominium Corporation No. 25 v. Hornick, the Condominium Authority Tribunal (CAT) issued a Motion Order allowing the Applicant a limited extension to pay the required fee to advance the case to Stage 3 – Tribunal Hearing. The case had been at Stage 2 - Mediation, and the Applicant's payment attempt to move to Stage 3 within 30 days had failed. While similar cases had been dismissed for failing to meet the 30-day deadline, this case was distinct because the Applicant had demonstrated a bona fide intention to move forward and had attempted payment before the deadline. The Respondent's lack of participation and the ongoing nature of the dispute contributed to the CAT's decision to grant the Applicant a one-week extension.
Under:
CAT Decisions - Motion Order
Parking and Storage
Procedural Issue with Governing Documents
Vehicles
Verdict:
The Condominium Authority Tribunal (CAT) granted an Applicant a one-week extension to arrange payment for moving their case to Stage 3, despite missing the 30-day deadline due to an unsuccessful payment attempt. The decision considered the Applicant's bona fide intention to proceed, the minimal prejudice to the Respondent, the ongoing nature of the dispute, and the unique circumstances of the Applicant's inexperience with the CAT system and multiple concurrent cases. This demonstrates the CAT's commitment to providing access to justice while considering specific case circumstances.
Takeaways:
In the case of Essex Condominium Corporation No. 25 v. Hornick, the Condominium Authority Tribunal (CAT) considered an application that had moved to Stage 2 - Mediation and was seeking permission to proceed to Stage 3 – Tribunal Decision.
The CAT's Rules of Practice allow for the closure of cases not advanced to Stage 3 within 30 days. In this case, the Applicant failed to pay the required fee within the specified time frame.
Unlike similar cases where the CAT had dismissed applications for missing the 30-day deadline, the Applicant in this case attempted to make the payment within the timeframe but was unsuccessful.
The CAT weighed various factors, including the bona fide intention to proceed, the delay's length, prejudice to the other party, and the merits of the case, when deciding whether to grant an extension.
The CAT ultimately granted the Applicant a limited one-week extension to arrange payment for Stage 3, considering the ongoing nature of the dispute, the lack of meaningful participation by the Respondent, and the Applicant's relative inexperience and involvement in multiple cases.
Recommendations:
Parties should be diligent in ensuring they meet the deadlines and requirements set by the Condominium Authority Tribunal (CAT). While certain circumstances may lead to missing a deadline, prompt action to rectify the situation, such as contacting the CAT's administrative staff, is essential to avoid case closure.
The CAT should consider each case individually, taking into account factors such as the party's intentions, the length of the delay, prejudice to the other party, and the merits of the case when deciding whether to grant an extension for moving to the next stage. Flexibility in assessing these factors can help ensure access to justice while maintaining fairness.
The CAT may want to provide clearer guidance and support to parties who are new to the CAT system, particularly when handling multiple cases. This could include educating them on the procedures and deadlines involved, which can help prevent inadvertent lapses and facilitate smoother case progression.