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Harrison v. Toronto Standard Condominium Corporation No. 2714 - 2021 ONCAT 76 - 2021-08-13

Corporation:

HTSCC 2714

Date:

2021-08-13

Under:

CAT Decisions - Motion Order
Access to Records
Adequacy of Records

Summary:

In the case of Harrison v. Toronto Standard Condominium Corporation No. 2714, two Records cases were before the Condominium Authority Tribunal (CAT). One case was in Stage 3 - Tribunal Decision, and the other was in Stage 2 - Mediation. The CAT, under Rule 4 of its Rules of Practice, initiated a motion to combine the cases as the issues and some requested records were similar. Both parties consented to merging the cases. Consequently, the CAT ordered that the case in Stage 2 be closed, and the records requests and related issues from that case be included in the hearing for the case in Stage 3.

Verdict:

In this case, two Records cases with similar issues and overlapping requested records were successfully consolidated to ensure a fair and efficient process. This decision highlights the CAT's flexibility in using Rule 4 to streamline proceedings and resolve related cases effectively by combining them.

Takeaways:

The case involves two Records cases (CAT Case 2021-00189R and CAT Case 2021-00243R) before the Condominium Authority Tribunal (CAT). The former is in Stage 3 - Tribunal Decision, and the latter is in Stage 2 - Mediation.

The CAT has the authority under Rule 4 of its Rules of Practice to issue directions or orders to ensure a fair, focused, and efficient process.

The CAT initiated a motion to combine these cases due to their similar issues and overlapping requested records.

Both parties involved in the cases have consented to merging the cases, which indicates their agreement with this approach.

As a result, CAT Case 2021-00243R will be closed, and the records requests and related issues from that case will become part of the hearing in CAT Case 2021-00189R, streamlining the process for all parties involved.

Recommendations: 

The CAT should proactively assess cases with similar issues and overlapping requests, initiating consolidation motions when appropriate to streamline proceedings, reduce duplication, and ensure efficiency.

Parties involved in CAT cases should be open to the idea of merging related cases, as this can lead to a more focused and efficient resolution process.

The use of Rule 4 of the CAT Rules of Practice to give directions and make orders for a fair and efficient process should be encouraged in cases where consolidation can lead to a more effective resolution of the disputes.

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