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Harder v. Metropolitan Toronto Condominium Corporation No. 905 - 2022 ONCAT 31 - 2022-04-08

Corporation:

HMTCC 905

Date:

2022-04-11

Under:

CAT Decisions - Motion Order

Summary:

In this motion order issued by the Condominium Authority Tribunal, the Applicant requested a minor change to correct a typographical error in a previous Decision and Order. Specifically, he sought to clarify a reference to one of his Request for Records forms. The Tribunal, under Rule 46 of its Rules of Practice, has the authority to make minor changes to correct or clarify decisions.

The Tribunal partially granted the Applicant's request, amending the decision to remove quotation marks from a date reference, making it more precise. This correction aimed to eliminate any ambiguity in the decision. However, no substantive changes were made to the decision, ensuring that the decision remains final and not subject to substantial modifications.

Verdict:

This Condominium Authority Tribunal (CAT) motion order emphasizes that Rule 46 of CAT's Rules of Practice allows for minor corrections to decisions to ensure clarity and accuracy but does not permit substantive changes or alterations to enhance a decision. In this case, the CAT partially granted the Applicant's request by removing quotation marks from a specific date reference in the decision. The order reaffirms the finality of CAT decisions and the efficient process for addressing minor errors.

Takeaways:

Rule 46 Corrections: The CAT has the authority, under Rule 46 of its Rules of Practice, to make minor corrections to its decisions when needed, such as typographical or wording errors.

Limited Scope: Rule 46 corrections are not meant for making substantive changes to decisions but are intended to ensure clarity and accuracy in wording.

Quotation Marks Removed: The CAT partially granted the Applicant's request by removing quotation marks around a specific date reference in the decision to make it more accurate and precise.

Finality of Decisions: This order reaffirms the finality of CAT decisions while allowing for minor adjustments to enhance clarity.

Quick Resolution: Rule 46 allows for the efficient correction of minor errors without the need for a formal hearing or extensive submissions.

Recommendations: 

Ensure Precision: Parties involved in legal proceedings should take great care in providing accurate information and articulating their requests, as minor errors in wording can lead to confusion. When submitting requests or information, be meticulous to avoid potential discrepancies.

Use Rules and Procedures Wisely: Understand the rules and procedures governing a legal process, such as those outlined in Rule 46 of the Condominium Authority Tribunal's Rules of Practice. This understanding will help parties know when and how to request corrections or clarifications in decisions, ensuring adherence to the intended purpose of such rules.

Promote Clarity in Legal Decisions: The primary goal of requesting corrections or clarifications should be to enhance the clarity of legal decisions, not to substantially alter them. Parties should be aware that decisions are meant to be final, and minor changes should only be pursued when necessary for the sake of precision and understanding.

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