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Garisto v. Toronto Standard Condominium Corporation No. 1753 - 2023 ONCAT 31 - 2023-02-28

Corporation:

GTSCC 1753

Date:

2023-02-28

Summary:

In the case of Garisto v Toronto Standard Condominium Corporation No 1753, the applicant filed an application with the Condominium Authority Tribunal (CAT) and the case proceeded to Stage 2 - Mediation. However, the applicant has not participated in mediation since January 27, 2023, and did not provide any submissions in response to a Notice of Intent to Dismiss. As a result, the CAT determined that the applicant has abandoned their case. Therefore, the CAT issued a Dismissal Order, closing the case in Stage 2 - Mediation. The order stated that any documents and messages shared during the case are private and confidential. The case was dismissed in accordance with Rule 343 of the CAT's Rules of Practice.

Under:

CAT Decisions - Dismissal Order

Verdict:

Quick Verdict/Lesson:

In this case, the applicant did not participate in the mediation process and failed to provide submissions or respond to communications from the tribunal. As a result, the CAT issued a dismissal order, closing the case. This highlights the importance of actively participating in the proceedings and responding to tribunal communications to avoid case abandonment.

Takeaways:

Key Takeaways:

Cases before the Condominium Authority Tribunal (CAT) can be closed if the tribunal determines that the applicant has abandoned their case.
Abandonment can occur if the applicant fails to participate in mediation or respond to communications from the tribunal.
Parties involved in CAT cases have the opportunity to provide submissions or reasons why a case should not be dismissed if abandonment is suspected.
The dismissal of a case means that it will not proceed further, and any documents and messages related to the case remain private and confidential.
Sharing documents from the case may only occur if required by law, with the permission of the other party, or to government organizations or courts.

Recommendations: 

Recommendations:

Parties involved in CAT cases should stay engaged and respond promptly to tribunal communications.
If there are valid reasons for non-participation, parties should communicate these reasons to the tribunal to avoid abandonment.
It's essential to understand the tribunal's rules and procedures to ensure a smooth and effective process.
Prioritize active involvement in mediation and proceedings to achieve resolution or justice in condominium-related disputes.
Stay informed about the status of your case and comply with any requirements to prevent dismissals.

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