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Peel Condominium Corporation No. 106 v. Kumar - 2023 ONCAT 173 - 2023-11-16
Corporation:
PCC 106
Date:
Thu Nov 16 2023 00:00:00 GMT+0000 (Coordinated Universal Time)
Summary:
In the case of Peel Condominium Corporation No. 106 v. Kumar, the Condominium Authority Tribunal (CAT) issued a Withdrawal Order on November 16, 2023. The applicant, Peel Condominium Corporation No. 106, filed a case that reached Stage 2 – Mediation. The applicant later requested to withdraw the case, and the respondent consented. The Tribunal accepted the withdrawal, ordering the case to be closed in Stage 2. Each party is responsible for their own costs, with the applicant bearing the Tribunal filing fees. The order emphasizes the confidentiality of messages, documents, and discussions from Stages 1 and 2, allowing disclosure only as required by law.
Under:
CAT Decisions - Motion Order
Verdict:
The Condominium Authority Tribunal accepted the voluntary withdrawal of the case by Peel Condominium Corporation No. 106 during Stage 2 – Mediation. The order emphasizes that the applicant will bear the Tribunal filing fees, and each party is responsible for their own costs. Confidentiality is maintained for messages and documents shared during the case, with limited exceptions, and the parties are permitted to share documents if required by law. This case highlights the importance of carefully considering the costs associated with withdrawal and maintaining confidentiality in tribunal proceedings.
Takeaways:
Voluntary Withdrawal: Peel Condominium Corporation No. 106 voluntarily withdrew its case at Stage 2 – Mediation, leading to the issuance of a Withdrawal Order by the Condominium Authority Tribunal (CAT) on November 16, 2023.
Cost Allocation: The Applicant, Peel Condominium Corporation No. 106, is responsible for bearing the costs of the Tribunal filing fees, as indicated in the Withdrawal Order. The decision emphasizes that each party will bear their own costs associated with the application.
Confidentiality: The order underscores the confidentiality of messages, documents, and discussions from both Stage 1 – Negotiation and Stage 2 – Mediation, except for mutually agreed disclosures. Messages from the Stage 2 Tribunal Member are explicitly designated as non-disclosable.
Case Closure: The CAT formally ordered the closure of the case, in line with Rule 34.3 of the Tribunal’s Rules of Practice governing case closure during Stage 2 – Mediation.
Legal Representation: Peel Condominium Corporation No. 106 was represented by counsel, Natalia Polis, while the respondent was self-represented throughout the proceedings.
Recommendations:
Cost Consideration and Communication:
Parties involved in condominium disputes should carefully assess the potential costs associated with Tribunal proceedings, including filing fees and legal expenses, before initiating a case. Open communication between condominium corporations and unit owners is crucial to address concerns and potentially avoid lengthy legal processes.
Mediation Awareness:
Condominium stakeholders should be aware of the possibility of early case closure through mediation, as outlined in Rule 34.3 of the Tribunal’s Rules of Practice. This awareness may encourage parties to engage in constructive dialogue and explore resolution options during the mediation stage to streamline the process and reduce associated costs.
Confidentiality Adherence:
All parties should adhere to the confidentiality provisions outlined in the Tribunal's order. This includes refraining from disclosing messages, documents, and discussions from Stage 1 – Negotiation and Stage 2 – Mediation unless mutually agreed upon. Strict adherence to confidentiality promotes trust in the dispute resolution process and protects sensitive information.