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Mortazavi v. Toronto Standard Condominium Corporation No. 2048 et al. - 2022 ONCAT 69 - 2022-06-27

Corporation:

MTSCC 2048

Date:

2022-06-27

Under:

CAT Decisions - Motion Order

Summary:

Two cases (2022-00152N & 2022-00154N) filed with the Condominium Authority Tribunal were adjourned until August 15, 2022. The cases involve similar issues related to unreasonable noise and vibration in a condominium. This adjournment aims to allow the resolution of the issues through the ongoing case (2022-00128N), which is closely related to the other two. Medical reasons were cited by the Applicant for the adjournment, and the possibility of delaying or merging the cases will be considered after August 15, 2022.

Verdict:

The Condominium Authority Tribunal (CAT) issued an adjournment order for two cases related to condominium noise disputes. The CAT found that adjourning these cases until August 15, 2022, was appropriate based on medical reasons provided by the Applicant. This temporary adjournment is aimed at facilitating a more efficient resolution and considering potential merger options to address the common issues presented in these cases.

Takeaways:

The Condominium Authority Tribunal (CAT) issued an adjournment order for two cases (2022-00152N & 2022-00154N) related to unreasonable noise and vibration disputes within a condominium complex.

These cases shared similarities with another case (2022-00128N) already before the CAT, which was adjourned until August 15, 2022, with specific conditions.

Despite the adjournment order, the Applicant or their agent advanced cases 2022-00152N and 2022-00154N to the next stage in the tribunal process.

Recognizing the close relationship between the cases and the ongoing nature of 2022-00128N, the CAT proposed a temporary adjournment for 2022-00152N and 2022-00154N, pending the outcome of 2022-00128N.

The adjournment for cases 2022-00152N and 2022-00154N was granted until August 15, 2022, based on medical reasons provided by the Applicant. Further motions to delay or merge the cases will be considered after this date.

Recommendations: 

Consider the nature and complexity of cases with similar issues: When dealing with multiple cases that involve similar disputes, assess whether there's a potential for resolving them collectively or sequentially to expedite the process and reach more efficient outcomes.

Maintain open communication with all parties: In situations where adjournments or case management decisions are being considered, it's essential to request input and submissions from all involved parties to ensure fairness and transparency in the decision-making process.

Be flexible with timelines and arrangements: Recognize the unique circumstances of each case and be open to adjusting timelines or merging cases when it makes sense to do so, provided it aligns with the principles of fairness and efficiency in dispute resolution.

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