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Felstead v. Leveille - 2021 ONCAT 102 - 2021-11-03

Corporation:

FL 102

Date:

2021-11-04

Under:

CAT Decisions - Dismissal Order
Compliance with Governing Documents
Parking and Storage

Summary:

In the case of Felstead v. Leveille (2021 ONCAT 102), the Applicant filed a dispute with the Condominium Authority Tribunal (CAT) regarding compliance with governing documents related to parking and storage. The case reached Stage 2 - Mediation on August 26, 2021. However, the Applicant failed to advance the case to Stage 3 - Tribunal Decision by not paying the required fee since September 24, 2021. A Notice of Intent to Dismiss was issued on October 26, 2021, offering the Applicant an opportunity to keep the case active by making submissions until November 2, 2021. The Applicant did not submit any responses, resulting in a dismissal order by Member Marc Bhalla, closing the case in Stage 2 - Mediation.

Verdict:

In Felstead v. Leveille (2021 ONCAT 102), the case was dismissed due to the Applicant's failure to advance it to Stage 3 – Tribunal Decision by not paying the required fee. The lesson here is that in legal proceedings, it's crucial to adhere to procedural requirements and deadlines to ensure that your case progresses. Failure to do so may result in the dismissal of your case, as demonstrated in this instance.

Takeaways:

Abandoned Case: The case involved an application filed with the Condominium Authority Tribunal (CAT) by the Applicant regarding compliance with governing documents related to parking and storage. The case proceeded to Stage 2 - Mediation.

Case Closure Rule: Rule 32.3 of the CAT's Rules of Practice allows the CAT to close a case in Stage 2 - Mediation if it determines that the Applicant has abandoned their case.

Failed Advancement: Despite having the opportunity to advance the case to Stage 3 - Tribunal Decision since September 24, 2021, the Applicant did not pay the required fee for this progression.

Notice of Intent to Dismiss: A Notice of Intent to Dismiss was issued on October 26, 2021, as the Applicant expressed an intention to move the case forward. The notice offered the Applicant a chance to make submissions to maintain the case's activity.

Dismissal Order: Since the Applicant did not submit any responses within the given timeframe, the CAT issued a dismissal order, closing the case in Stage 2 - Mediation.

Recommendations: 

Timely Compliance: Ensure you comply with procedural requirements and deadlines in legal proceedings. In this case, the Applicant's failure to pay the required fee and advance the case to the next stage led to its dismissal. Always keep track of important dates and requirements to avoid such situations.

Active Engagement: If you have stated your intention to move a case forward, it's essential to actively participate in the process. In this instance, the Applicant's failure to make submissions to keep the case active resulted in its dismissal. Stay engaged in your legal matters and promptly respond to any requests or notices.

Seek Legal Advice: Consider seeking legal advice or representation, especially in complex legal matters. Self-representation can be challenging, and legal professionals can guide you through the process, ensuring you meet all requirements and deadlines, and making the overall process smoother and more effective.

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