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Choose your role:
Richards v. Peel Condominium Corporation No. 27 - 2022 ONCAT 12 - 2022-02-16
Corporation:
RPCC 27
Date:
2022-02-16
Summary:
In the case of Richards v. Peel Condominium Corporation No. 27, 2022 ONCAT 12, the Condominium Authority Tribunal (CAT) issued a dismissal order under Rule 19 of CAT's Rules. The applicant had requested access to certain records from the respondent, Peel Condominium Corporation No. 27. Mediation was conducted, during which the records listed in the request were provided. However, the applicant sought additional records and information not part of the initial request. The mediation ended when the respondent claimed they had supplied all available records. Subsequently, the applicant's case was dismissed because all records from the original request had been furnished, and the applicant failed to follow the proper procedure for additional records. The dismissal was based on the grounds that the case involved minor issues and had no reasonable prospect of success. The CAT ordered the case to be dismissed.
Under:
CAT Decisions - Dismissal Order
Access to Records
Verdict:
The CAT dismissed the case as the applicant received all the records listed in the original request during mediation and subsequently sought additional records that were not part of the original request, but did not follow the prescribed process to request them. This case highlights the importance of adhering to the prescribed procedures for record requests and the CAT's ability to dismiss cases where issues are minor or lack a reasonable prospect of success.
Takeaways:
Dismissal Basis: The case was dismissed under Rule 19.1 of the Condominium Authority Tribunal (CAT) Rules, which allows for dismissal when certain conditions are met, including when the case involves minor issues or lacks a reasonable prospect of success.
Records Request: The applicant had submitted a Request for Records to the respondent, which led to a CAT application and subsequent mediation. During mediation, all records listed in the original request were provided, and the applicant requested additional records and information not initially included in the request.
Unreasonable Request: The CAT found that it would be unfair to proceed to Stage 3 because the applicant's additional records request had not followed the prescribed process, and the additional records were not part of the original Request.
Rule 19.1 Application: The dismissal was based on Rule 19.1 (a) and (b), signifying that the case involved minor issues and had no reasonable prospect of success, considering the records provided.
Recommendations:
Adhere to Prescribed Procedures: Ensure that when making requests for records or pursuing cases in front of the Condominium Authority Tribunal, you follow the prescribed procedures and regulations, as outlined in Ontario Regulation 48/01. Failure to do so may result in the dismissal of your case.
Request Clarity: When submitting a request for records, make sure it is clear and comprehensive, including all the documents you believe are relevant to your case. This can help avoid potential disputes over the sufficiency of the request.
Mediation and Resolution: In cases like this, consider the benefits of mediation and resolution before escalating the matter to Stage 3. If your concerns can be addressed through mediation and records are provided during this stage, it may be an efficient way to resolve the dispute without the need for further tribunal involvement.