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Mistry v. Peel Common Elements Condominium Corporation No. 989 - 2022 ONCAT 7 - 2022-01-19

Corporation:

MPCECC 989

Date:

2022-01-19

Under:

CAT Decisions - Dismissal Order
Access to Records
Entitlement to Records

Summary:

In the case of Mistry v. Peel Common Elements Condominium Corporation No. 989, the applicant sought access to specific records related to an annual general meeting. The requested records were partially provided by the respondent, and a condition known to both parties was met. The applicant subsequently sought additional information, which the respondent declined to provide. The matter proceeded to the Condominium Authority Tribunal (CAT). However, after evaluating the situation, Member Anne Gottlieb issued a dismissal order under Rule 19.1 of the CAT's Rules of Practice. While the applicant had valid grounds for the case initially, Rule 19.1 (b) and (c) applied in this context, indicating the case had no reasonable prospect of success and the CAT lacked legal power to decide the dispute. As a result, the case was dismissed in Stage 2 of the process.

Verdict:

The case of Mistry v. Peel Common Elements Condominium Corporation No. 989 teaches us that, while there may have been valid grounds for initiating a dispute and proceeding to Stage 2, it's essential to understand the jurisdiction of the Condominium Authority Tribunal (CAT). If the CAT determines that it lacks legal power to address certain issues or that a case has no reasonable prospect of success, it can be dismissed under Rule 19.1 of the Tribunal's Rules of Practice. This emphasizes the importance of knowing the scope of CAT's authority and having a well-founded basis for pursuing a dispute within that scope.

Takeaways:

Records Request Dispute: The case of Mistry v. Peel Common Elements Condominium Corporation No. 989 revolved around the applicant's request for specific records related to an annual general meeting.

Provision of Records: The respondent initially provided some requested records, including redacted proxies and voting results. However, a dispute arose when the applicant sought additional information not willingly shared by the respondent.

Legal Jurisdiction: The case was dismissed under Rule 19.1 of the Condominium Authority Tribunal's Rules of Practice. Rule 19.1 allows for early dismissal if the CAT lacks the legal power to decide the dispute or if the case has no reasonable prospect of success.

Valid Grounds for Filing: The case had valid grounds for proceeding to Stage 2, but it was dismissed in Stage 2 as Rule 19.1(b) and (c) applied, indicating a lack of legal power and reasonable prospect of success.

Alternate Sources of Information: It was noted that the applicant may have obtained the sought-after information through other means, contributing to the case's dismissal.

Recommendations: 

Understanding CAT Jurisdiction: It's crucial for applicants to have a clear understanding of the Condominium Authority Tribunal's (CAT) jurisdiction. Before filing a dispute, carefully review the CAT's legal powers and the types of cases it can address, as outlined in Rule 19.1. This will help ensure that your case falls within the CAT's scope.

Effective Communication: Effective communication between the applicant and the respondent is essential. In disputes related to access to records, maintaining an open line of communication can lead to a resolution before escalating the matter to the tribunal. It's advisable for parties to discuss their concerns and work towards mutually agreeable solutions.

Utilizing Alternative Resources: If information is needed from the condominium corporation, applicants should first explore whether the records can be obtained through other means, such as direct requests to the corporation or through public sources. This can save time and resources, ensuring that the CAT is involved only when necessary.

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