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Grant v. York Condominium Corporation No.17 - 2022 ONCAT 48 - 2022-05-13
Corporation:
GYCC 17
Date:
2022-05-13
Summary:
In the case of "Grant v. York Condominium Corporation No.17," a motion order was issued by the Condominium Authority Tribunal (CAT) on May 13, 2022. The Applicant had initially requested to transfer her case to Stage 3 Adjudication but failed to make the required payment within the specified timeframe, leading to the application being deemed abandoned. However, the Applicant later requested the opportunity to move the matter to Stage 3. A notice of intent to dismiss was issued, providing both parties with the chance to make submissions. The Applicant presented a letter of authorization, showing her representative's authority to act on her behalf. The Respondent contested this authorization. The Member of the CAT found that the Applicant's representative had the necessary authorization and granted the request to proceed to Stage 3 Adjudication.
Under:
CAT Decisions - Motion Order
Verdict:
In this case, the Applicant's initial failure to make a required payment led to the abandonment of their application for Stage 3 Adjudication. However, the Applicant was able to request reconsideration based on valid reasons for the delay and was granted permission to proceed. This case underscores the importance of adhering to procedural requirements but also highlights the Condominium Authority Tribunal's willingness to consider valid requests for reconsideration when justifiable reasons for non-compliance are presented.
Takeaways:
Missed Payment and Abandonment: The Applicant initially requested to transfer her case to Stage 3 Adjudication but failed to make the necessary payment within the specified timeframe, leading to her application being deemed abandoned.
Request for Reconsideration: Subsequently, the Applicant contacted the Condominium Authority Tribunal (CAT) to request the opportunity to move her case to Stage 3 Adjudication despite the missed payment.
Authorization and Validity: The Respondent contested the Applicant's representative's authorization to act on her behalf in matters regarding the unit. However, the Member of the CAT found that the representative had valid authorization, dating back to August 22, 2021, before the application was submitted.
Application Not Dismissed: The Member granted the Applicant's request to proceed to Stage 3 Adjudication, and the motion of intent to dismiss the application was denied.
Coordination with CAT Staff: The order instructed the Applicant to contact and coordinate with CAT Staff to move the case forward to Stage 3 – Tribunal Decision.
Recommendations:
Adhere to Procedural Deadlines: Parties involved in legal proceedings, such as those before the Condominium Authority Tribunal, should ensure they meet procedural deadlines, such as payment requirements. Failure to do so may result in the abandonment of their case.
Communication and Cooperation: Open and timely communication between parties is crucial. In this case, issues arose due to a delay in hearing back from the tribunal, which could potentially be mitigated with clear communication. Parties should work together and seek solutions where possible.
Documentary Evidence: It is essential to provide clear and documented evidence to support claims or requests. The Applicant's provision of a letter of authorization helped establish their right to proceed. Parties should maintain proper documentation to avoid disputes.