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Kalayjian v. York Condominium Corporation No. 301 - 2023 ONCAT 111 - 2023-08-10


KYCC 301




In the case of Kalayjian v. York Condominium Corporation No. 301, the Condominium Authority Tribunal (CAT) issued a Dismissal Order. The Applicant had filed an application with CAT regarding nuisance concerns. The case had advanced to Stage 2 - Mediation, where progress was made as the parties worked together to address the concerns. However, the Applicant was given the opportunity to move the case to Stage 3 but had not paid the required fee, leading to the dismissal of the case.


CAT Decisions - Dismissal Order


Quick Verdict:

In Kalayjian v. York Condominium Corporation No. 301 (2023 ONCAT 111), the case proceeded to Stage 2 - Mediation, and progress was made in addressing the Applicant's concerns. However, as the Applicant failed to move the case to Stage 3 by not paying the required fee within 15 days of being given the opportunity, the Tribunal ordered the case dismissed in Stage 2. The lesson here underscores the importance of adhering to procedural requirements and timelines in order to advance a case effectively in the tribunal process.


Key Takeaways from Kalayjian v. York Condominium Corporation No. 301 (2023 ONCAT 111):

Dismissal Due to Non-Payment: The case involved an Applicant who filed a complaint with the Condominium Authority Tribunal (CAT) regarding nuisance concerns in a condominium complex. The case progressed to Stage 2 - Mediation, but the Applicant did not move it to Stage 3 within the prescribed timeframe.

Authority to Close Case: CAT's Rules of Practice, Rule 34.3, grants the tribunal the authority to close a case in Stage 2 - Mediation if the Applicant fails to advance the case to Stage 3 after the opportunity to do so for more than 15 days.

Dismissal Order: In this case, since the Applicant did not pay the fee to advance the case, the tribunal issued a dismissal order, effectively closing the case in Stage 2 - Mediation.

Confidentiality of Documents: Documents and messages exchanged during the course of the case in Stage 1 - Negotiation and/or Stage 2 - Mediation are deemed private and confidential. Parties are not allowed to share these without the permission of the other party.

Exceptions for Legal Requirements: While documents are generally confidential, they can be shared if required by law, such as for government organizations or court proceedings.


Clarification of the Mediation Process: It's essential to improve the clarity of the mediation process for applicants. Ensure that applicants fully understand their obligations, including the requirement to move the case to the next stage and any associated fees. This can be achieved through clear and concise communication during the mediation phase and the provision of written guidelines that outline the steps involved in the dispute resolution process.

Reminder System for Timely Action: Implement a reminder system to help applicants stay on track with the procedural requirements and deadlines during the mediation process. This can include automated notifications or reminders sent via email, text, or the CAT's online portal. Timely reminders can prevent cases from being dismissed due to missed steps or inaction.

Accessible Fee Information: Ensure that the information regarding fees associated with different stages of the dispute resolution process is readily accessible to applicants. This can be achieved by providing a clear fee schedule on the CAT's website or within the portal, so applicants are aware of the costs involved and can plan accordingly. Additionally, consider offering options for fee waivers or fee reduction programs for applicants who may face financial barriers.

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