top of page
White Columns
< Back

Marinucci v. Grande - 2022 ONCAT 149 - 2022-12-23

Corporation:

MG 149

Date:

2022-12-23

Under:

CAT Decisions - Motion Order

Summary:

In the case of "Marinucci v. Grande," the Condominium Authority Tribunal (CAT) issued a motion order to reopen the case, which had been closed due to inactivity. The Applicant had initially brought a nuisance application against a tenant occupier in a condominium, but the case was closed as there had been no activity for over 30 days. The applicant subsequently filed a motion to reopen the case, which was supported by the intervenor, Toronto Standard Condominium Corporation No. 2677. The CAT considered the factors outlined in the Frey v. MacDonald case, which included the intention to appeal, the length of the delay, prejudice to the other party, and the merits of the appeal. Ultimately, the CAT decided to reopen the case in the negotiation stage.

Verdict:

Verdict: The Condominium Authority Tribunal (CAT) issued a motion order to reopen the case of "Marinucci v. Grande" after it had been closed due to inactivity. The Applicant was granted the request to reopen the case, and it will proceed in Stage 1 - Negotiation.

Lesson: Parties involved in condominium-related disputes should promptly address inactivity in their cases to avoid closure and should consider motions to reopen cases if necessary.

Takeaways:

Takeaways:

Parties involved in condominium-related disputes can seek to reopen cases that were closed due to inactivity.
Factors such as the intention to appeal, the length of the delay, and potential prejudice to the parties are considered when deciding on case reopenings.
Reopening a case may be preferred to initiating a new application, as it can save time and costs for all parties involved.
The CAT focuses on fairness and the "justice of the case" when making such decisions.

Recommendations: 

Recommendations:

Parties involved in CAT cases should actively monitor and respond to communications and deadlines to avoid cases being closed due to inactivity.
When a case is closed, parties should consider filing motions to reopen if they believe the matter can still be resolved through the CAT's process.
Parties and intervenors should maintain open communication with the CAT and other involved parties to ensure a fair and just resolution of condominium-related disputes.
The CAT prioritizes fairness and the "justice of the case" in its decisions, which should guide the actions and requests of the involved parties.

bottom of page