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Kong v. Toronto Standard Condominium No. 1959 - 2021 ONCAT 69 - 2021-07-20
Corporation:
KTSC 1959
Date:
2021-07-20
Summary:
In the case of Kong v. Toronto Standard Condominium No. 1959, a motion was brought forward for late disclosure of security camera footage in a dispute regarding the installation of an Electric Vehicle Charging Station (EVCS) as an accommodation for the applicant's disability. The footage, which showed the applicant carrying a golf bag with clubs, was deemed potentially relevant to the nature of the disability. The Condominium Authority Tribunal (CAT) allowed the late disclosure of this security camera footage and granted the request. The applicant was given two weeks to provide any rebuttal evidence before the hearing of testimony commenced. The case involved Toronto Standard Condominium Corporation No. 1959 (TSCC1959) and Toronto Standard Condominium Corporation No. 1862 (TSCC1862).
Under:
CAT Decisions - Motion Order
Vehicles
Verdict:
The Condominium Authority Tribunal (CAT) granted a motion to allow late disclosure of security camera footage in the case of Kong v. Toronto Standard Condominium No. 1959. The footage shows the applicant carrying a golf bag with clubs in the underground garage and may be relevant to her disability accommodation request for the installation of an Electric Vehicle Charging Station (EVCS). This decision emphasizes the CAT's flexibility in controlling its own processes, including permitting late disclosures when the evidence may be relevant to the case, highlighting the importance of fairness in dispute resolution.
Takeaways:
In the case of Kong v. Toronto Standard Condominium No. 1959, the applicant sought an order to install an Electric Vehicle Charging Station (EVCS) in her shared garage common area as an accommodation for her disability.
The respondent, Toronto Standard Condominium Corporation No. 1959 (TSCC1959), brought a motion for late disclosure of security camera footage showing the applicant carrying a golf bag with clubs in the garage, which might be relevant to the nature of her disability.
The Condominium Authority Tribunal (CAT) has the authority to allow late disclosure of evidence under Rule 34.8 of its Rules of Practice.
The applicant contested the motion, but the footage's potential relevance to her disability was acknowledged. She was granted two weeks to gather and upload any rebuttal evidence.
This motion order was part of a broader dispute involving condominium corporations and the installation of an EVCS as an accommodation for disability, highlighting the importance of accommodating individuals with disabilities in shared spaces.
Recommendations:
Maintain Fairness: The CAT should continue to prioritize fairness in its proceedings by allowing the late disclosure of relevant evidence, as seen in this case. This ensures that all parties have a fair opportunity to present their arguments.
Timely Evidence Submission: Encourage all parties involved to adhere to disclosure deadlines to prevent the need for late disclosure motions. Timely submission of evidence can streamline the dispute resolution process and reduce delays.
Respect for Accommodation Requests: Given that the applicant requested the installation of an Electric Vehicle Charging Station as an accommodation for her disability, it's essential for the CAT and involved parties to respect such accommodation requests, taking into account the Human Rights Code and other applicable statutes. This emphasizes the importance of addressing disability-related accommodation requests in a sensitive and compliant manner.