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Pavlakovic v. Toronto Standard Condominium Corporation No. 2158 - 2023 ONCAT 18 - 2023-02-07

Corporation:

PTSCC 2158

Date:

2023-02-07

Under:

CAT Decisions - Dismissal Order
Odour
Smoke and/or vapour

Summary:

In the case of Pavlakovic v Toronto Standard Condominium Corporation No. 2158, the applicant filed an application with the Condominium Authority Tribunal (CAT) regarding odour, smoke, and vapour issues. The case was initially accepted and moved to Stage 1 - Negotiation but was closed due to inactivity. The applicant later filed a motion to reopen the case, which was granted, and the case recommenced in Stage 1. However, in Stage 2 - Mediation, despite participating and agreeing on a testing plan, no final settlement agreement was reached. The applicant was granted permission to move the case to Stage 3 - Tribunal Hearing but failed to pay the required fee. Consequently, the CAT ordered the case to be closed with no possibility of reopening.

Verdict:

Quick Verdict/Lesson: Adherence to CAT procedures and meeting deadlines is crucial. Failing to pay required fees within the specified timeframe can result in the case's closure without the possibility of reopening, so parties should manage their responsibilities in a timely manner.

Takeaways:

Key Takeaways:

Adherence to Tribunal Deadlines: Parties involved in condominium disputes should ensure they adhere to the deadlines set by the Condominium Authority Tribunal (CAT). Failing to meet these deadlines, such as paying the required fees, can lead to the closure of the case without further possibility of reopening.

Importance of Follow-up: After securing permission to advance a case to the next stage, it is crucial to promptly complete the necessary requirements, like paying the required fees. Failure to do so can result in case closure.

Respect for Tribunal Procedures: The CAT follows specific procedures, and parties must comply with these procedures to maintain an active case. In this case, the Applicant's failure to pay the required fee within the specified timeframe led to the case's dismissal.

Recommendations: 

Recommendations:

Timely Payment of Required Fees: Parties involved in disputes with a condominium corporation should ensure they pay any required fees promptly, especially when seeking to advance the case to the next stage of the proceedings. Delays in fee payments can lead to case closures.

Clear Communication: Effective communication with the Condominium Authority Tribunal (CAT) is vital. Parties should pay attention to deadlines, be aware of fee requirements, and respond promptly to any notifications or instructions provided by the CAT.

Strategic Planning: Plan the case progression strategically to avoid any unnecessary delays. Parties should prepare for each stage of the dispute resolution process, including budgeting for associated fees, so that the case can proceed smoothly without interruptions.

Document Preservation: Ensure that copies of all relevant case documents are retained in compliance with the law. Sharing documents as required by law with government organizations or courts is important for transparency and maintaining the integrity of the dispute resolution process.

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