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Kwok v. Man et al. - 2024 ONCAT 2 - 2024-01-04




Thu Jan 04 2024 05:00:00 GMT+0000 (Coordinated Universal Time)


In the case of Kwok v. Man et al. (2024 ONCAT 2), the Condominium Authority Tribunal (CAT) addressed a noise dispute between the applicant and the respondents related to an upstairs unit. During Stage 2 - Mediation, acoustic testing was conducted, and a report was submitted. However, the applicant expressed disappointment and suggested closing the case. The CAT issued a Notice of Intent to Dismiss (NOID) due to the applicant's lack of communication. In response to the NOID, the applicant requested to keep the case open, citing continued noise issues. The CAT determined that the applicant, a self-represented party, might face challenges and allowed her to proceed to Stage 3.


CAT Decisions - Motion Order


Despite a lack of communication, the CAT recognized the applicant's ongoing concerns, allowing her to proceed to Stage 3, emphasizing fairness in the process.


Communication is crucial in condominium dispute resolution, and parties must actively participate in the process.
Self-represented parties may face challenges, and the process should consider their understanding and emotions.
The CAT may allow a case to proceed if the applicant expresses a desire to address ongoing issues, even after a Notice of Intent to Dismiss.


Ensure clear communication channels and support for self-represented parties in condominium dispute resolution.
Provide educational resources to parties unfamiliar with the legal process to enhance understanding.
Balance procedural efficiency with fairness, especially when dealing with emotionally charged disputes.

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