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Kovalenko v. York Condominium Corporation No. 272 - 2023 ONCAT 197 - 2023-12-15


KYCC 272


Fri Dec 15 2023 00:00:00 GMT+0000 (Coordinated Universal Time)


The Condominium Authority Tribunal (CAT) issued a Motion Order on December 15, 2023, in the case of Kovalenko v. York Condominium Corporation No. 272 (2023 ONCAT 197). A self-represented applicant, and York Condominium Corporation No. 272, represented by Stephen Malach, agreed to merge two cases (2023-00592R and 2023-00593R) for joint mediation, considering it the most efficient and fair approach. The order, under section 1.37(2) of the Condominium Act, 1998, officially merges the cases, closing case #2023-00592R.


CAT Decisions - Motion Order


Efficient dispute resolution is facilitated by merging related cases with the consent of parties, reflecting a commitment to fairness and cost-effectiveness.


Efficiency: Merging related cases for joint mediation promotes efficiency, cost-effectiveness, and fairness.
Consent Importance: The order highlights the significance of parties' consent in procedural decisions.
Tribunal Rules: The decision aligns with Rule 4.1 of the Tribunal's Rules of Practice.


Encourage Mediation: Promote the benefits of mediation to parties involved in condominium disputes.
Clarify Procedures: Provide clearer guidelines on case merging and mediation within the Tribunal's rules.
Enhance Education: Improve awareness among condominium stakeholders about the advantages of efficient case management and resolution.

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