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Soper v. Muskoka Common Elements Condominium Corporation No. 71 - 2024 ONCAT 33 - 2024-03-07




Thu Mar 07 2024 05:00:00 GMT+0000 (Coordinated Universal Time)


In Soper v. Muskoka Common Elements Condominium Corporation No. 71, the Applicant filed a records case regarding a Request for Records submitted on November 7, 2023. The Respondent provided a response on December 6, 2023. However, the Applicant failed to apply to the Tribunal for resolution within 60 days of receiving the response, leading to the case's dismissal under Rule 19.1 of the CAT’s Rules of Practice. Despite the Applicant's claim of a technical issue with the CAO’s website and misunderstanding of the timeline, the regulations deemed the request abandoned.


CAT Decisions - Dismissal Order


Strict adherence to regulatory timelines is necessary when filing requests or applications with the Tribunal to avoid dismissal, irrespective of technical issues or misunderstandings.


Timely action is crucial: Failure to adhere to regulatory timelines can result in dismissal of a case, even if the delay is due to technical issues or misunderstanding.
Compliance with regulations: The Tribunal is bound by the regulations, and it lacks discretion to extend timelines set out in the rules.
Clarity in communication: Parties should ensure they understand and adhere to procedural requirements to avoid unnecessary delays or dismissals.


Clarify procedural requirements: Ensure clear communication and understanding of timelines and procedures when filing requests or applications with the Tribunal.
Prompt action: Promptly address any technical issues encountered during the filing process to prevent delays in meeting regulatory deadlines.
Review regulations: Regularly review relevant regulations and guidelines to stay informed about procedural requirements and avoid unintentional non-compliance.

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