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Sharma v. Toronto Standard Condominium Corporation No. 2510 - 2022 ONCAT 95 - 2022-09-07

Corporation:

STSCC 2510

Date:

2022-09-07

Summary:

In the case of Sharma v. Toronto Standard Condominium Corporation No. 2510, the Condominium Authority Tribunal (CAT) issued a dismissal order. The Applicant filed an application with the CAT, which proceeded to Stage 2 - Mediation. However, under Rule 34.3 of the CAT's Rules of Practice, the case can be closed in Stage 2 - Mediation if the Applicant fails to move the case to Stage 3 within a specified timeframe.

The Applicant was provided with the opportunity to advance the case to Stage 3 but did not take any further steps, including not paying the required fee to move the case forward. Consequently, the CAT ordered the case to be closed in Stage 2 - Mediation.

Under:

CAT Decisions - Dismissal Order
Access to Records
Entitlement to Records
Fees, Costs, Penalties

Verdict:

Verdict:
In the case of Sharma v. Toronto Standard Condominium Corporation No. 2510, the Condominium Authority Tribunal (CAT) issued a dismissal order due to the Applicant's failure to advance the case from Stage 2 - Mediation to Stage 3 and non-payment of the required fee. The case has been closed.

Lesson:
This case emphasizes the importance of adhering to CAT rules and procedures, taking timely actions, and fulfilling financial obligations to ensure that a case proceeds effectively. It also highlights the significance of understanding and complying with the established processes of a tribunal.

Takeaways:

Adherence to CAT Rules: The CAT operates under specific rules and procedures, including the possibility of closing cases if parties do not comply with these rules. It's essential for participants to be aware of and adhere to the established processes.

Timely Action Required: Parties involved in CAT cases must take timely actions, such as advancing the case to the appropriate stages and paying any required fees. Failure to do so may lead to case dismissal.

Confidentiality of CAT Proceedings: CAT proceedings include provisions for the confidentiality of documents and messages shared during the negotiation and mediation stages. Participants should respect these confidentiality rules unless required by law to share specific documents with government organizations or courts.

Recommendations: 

Understand CAT Rules: All parties involved in CAT proceedings should have a clear understanding of the CAT's rules, including the timelines and procedures for advancing cases through different stages.

Timely Action: Promptly take the necessary actions as required by CAT rules, such as advancing the case to the next stage, to ensure the case progresses smoothly.

Be Prepared for Costs: Parties should be aware of and prepared for any associated fees or costs involved in the CAT process and ensure these are paid in a timely manner to prevent case closure.

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