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Kovalenko v. York Condominium Corporation No. 272 et al. - 2024 ONCAT 4 - 2024-01-05

Corporation:

KYCC 272

Date:

Fri Jan 05 2024 05:00:00 GMT+0000 (Coordinated Universal Time)

Under:

CAT Decisions - Motion Order
Compliance with Governing Documents
Odour
Smoke and/or vapour

Summary:

In Kovalenko v. York Condominium Corporation No. 272 et al. (2024 ONCAT 4), the Condominium Authority Tribunal (CAT) addressed a motion to dismiss the case filed by the applicant regarding smoke migration and nuisance. The respondent sought six orders, including case dismissal, costs, and restrictions on the applicant. Member Marc Bhalla, assigned to Stage 2 - Mediation, found two items appropriate for Stage 2 consideration: jurisdiction and costs related to the motion. Bhalla confirmed the Tribunal's jurisdiction over the case and denied the order for costs, leaving the remaining items for potential consideration in Stage 3.

Verdict:

The Tribunal confirms jurisdiction and rejects costs for a motion in a smoke-related nuisance case, emphasizing the appropriateness of addressing specific issues in the relevant stages.

Takeaways:

CAT evaluates jurisdiction during Stage 2, ensuring cases fall within its purview.
Costs related to motions are not typically compensated, as per CAT Rules of Practice.
Specific issues may be addressed in subsequent stages if required for a hearing.

Recommendations: 

Ensure parties understand the Tribunal's jurisdictional boundaries at the outset.
Provide clear guidelines on compensating costs, avoiding unnecessary disputes.
Emphasize the progressive resolution approach, addressing specific matters in corresponding stages for efficiency.

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