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Kamyshan v. York Condominium Corporation No. 465 - 2020 ONCAT 46 - 2020-12-18

Corporation:

KYCC 465

Date:

2020-12-18

Under:

CAT Decisions - Dismissal Order
Access to Records
Fees, Costs, Penalties

Summary:

In the case of Kamyshan v York Condominium Corporation No. 465, the applicant, an owner and board member of the condominium, submitted a records request to the respondent, but the records were not provided. The case proceeded to Stage 1 - Negotiation, and after the records were uploaded by the respondent, there were no substantive negotiations between the parties using the CAT-ODR platform. The Tribunal rendered a decision to dismiss the case, citing that the applicant had been using the CAT for an improper purpose and submitted irrelevant messages and documents. The Tribunal also denied the applicant's additional motions and rejected the respondent's request for costs.

The case highlights the need for proper procedures and compliance with the Condominium Act when handling records requests, as well as adherence to the Tribunal's Rules of Practice. It also emphasizes the importance of using the Tribunal process for legitimate purposes and avoiding unnecessary delay and irrelevant submissions.

Verdict:

The quick verdict in one sentence is that the case of Kamyshan v York Condominium Corporation No. 465 was dismissed by the Condominium Authority Tribunal due to the applicant's improper use of the tribunal process and failure to engage in substantive negotiations with the respondent to resolve the dispute over access to records, with the decision emphasizing the importance of using the tribunal process appropriately and working towards timely resolutions.

Takeaways:

Proper Use of the Tribunal Process: The case highlights the importance of using the Condominium Authority Tribunal (CAT) process for legitimate purposes. The tribunal can dismiss a case if it determines that the applicant filed the case for an improper purpose, as outlined in Rule 171 of the CAT's Rules of Practice. In this case, the applicant's continued posting of irrelevant messages and documents after the requested records were provided demonstrated a misuse of the tribunal process and resulted in the dismissal of the case.

Timely Resolution of Disputes: The respondent in this case uploaded the requested records to the CAT's online platform promptly, resolving the primary issue. However, the lack of substantive negotiations on the issues since that point further contributed to the decision to dismiss the case. The case serves as a reminder for all parties involved to engage in meaningful negotiations and work towards a prompt resolution of disputes.

Consideration of Costs: The respondent requested the tribunal to award them costs, highlighting the behavior of the applicant, including making false accusations and delaying the resolution of the matter. While the tribunal acknowledged the request, it did not provide specific details or a determination on costs in the available information. Nevertheless, the case serves as a reminder for parties to consider the potential consequences of their actions and behavior during the tribunal process, as it may impact decisions regarding costs.

Recommendations: 

Use the tribunal process for legitimate purposes: It is important to ensure that the tribunal process is used for valid and appropriate reasons. Filing a case for an improper purpose, as outlined in Rule 171 of the Condominium Authority Tribunal's Rules of Practice, can lead to the dismissal of the case. Parties should approach the tribunal process in good faith and with genuine concerns.

Engage in meaningful negotiations: This case highlights the importance of engaging in substantive negotiations to resolve disputes in a timely manner. Both parties should actively participate in negotiations and work towards finding a resolution. It is crucial to use the platform provided by the tribunal, such as the CAT-ODR platform mentioned in the case, for effective communication and to advance efforts to resolve the case.

Consider the potential consequences of behavior during proceedings: Parties should be mindful of their behavior and conduct during tribunal proceedings. In this case, the applicant's continued posting of irrelevant messages and documents after the requested records were provided worked against efforts to resolve the case. Parties should focus on the relevant issues and refrain from engaging in activities that may delay the resolution of the matter.

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