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Shoom v. York Region Standard Condominium Corporation No. 1090 - 2022 ONCAT 101 - 2022-09-21

Corporation:

SYRSCC 1090

Date:

2022-09-21

Under:

CAT Decisions - Motion Order
Access to Records
Fees, Costs, Penalties

Summary:

In the case of Shoom v. York Region Standard Condominium Corporation No. 1090, the applicant sought access to certain records of the condominium corporation, York Region Standard Condominium Corporation No. 1090 (YRSCC 1090). However, the dispute revolved around the fees YRSCC 1090 intended to charge for providing these records. Additionally, the applicant attempted to add issues to the hearing related to an incident involving smoking on an adjacent balcony and YRSCC 1090's response to it, which he referred to as the "Smoking Dispute."

YRSCC 1090 argued that the Smoking Dispute was outside the jurisdiction of the Condominium Authority Tribunal (CAT) and should not be joined with the records application.

The Tribunal concluded that there was insufficient evidence to determine jurisdiction over the Smoking Dispute. While the applicant believed that this dispute was connected to his request for records, the issues were not sufficiently interwoven, and there was no overlap in evidence or witnesses. Therefore, the Smoking Dispute was not joined with the records application.

Verdict:

In the case of Shoom v. York Region Standard Condominium Corporation No. 1090, the Condominium Authority Tribunal (CAT) had to decide whether to join a separate issue, referred to as the "Smoking Dispute," with a records access application. The CAT concluded that the Smoking Dispute should not be joined with the records request, and its jurisdiction was not determined in this motion.

Takeaways:

Jurisdiction Is Critical: The case highlights the importance of understanding the jurisdiction of the Condominium Authority Tribunal. Parties should be aware of the specific issues that fall under the CAT's purview to ensure their disputes are appropriately addressed.

Interwoven Issues for Joinder: When considering whether to join multiple issues into a single hearing, the interwoven nature of the issues, evidence, and witnesses plays a significant role. If the issues are distinct and unrelated, joinder may not be appropriate.

Cost and Efficiency Considerations: The decision to join issues in a tribunal case should also consider potential cost savings and efficiency in the proceedings. If joining issues does not lead to cost savings and complicates the process, it may not be advisable.

Recommendations: 

Understanding Jurisdiction: Parties involved in condominium-related disputes should have a clear understanding of the CAT's jurisdiction. It's essential to know whether your issue falls within the CAT's purview to ensure it is addressed appropriately.

Interwoven Issues for Joinder: When considering whether to join separate issues in a CAT case, evaluate the extent to which the issues are interwoven, the overlap in evidence or witnesses, and whether the parties and their lawyers are the same. Joining cases should enhance the efficiency and fairness of the proceedings.

Cost and Efficiency Considerations: The decision to join issues should consider potential cost savings and efficiency in the proceedings. If joining issues does not lead to cost savings and complicates the process, it may not be advisable. Parties should also be mindful of factors like potential delays and the involvement of additional parties.

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