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Steshenko v. York Region Standard Condominium Corporation No. 1075 - 2022 ONCAT 141 - 2022-12-07

Corporation:

SYRSCC 1075

Date:

2022-12-07

Under:


CAT Decisions - Dismissal Order

Summary:

In the case of Steshenko v. York Region Standard Condominium Corporation No. 1075, 2022 ONCAT 141, the Condominium Authority Tribunal (CAT) issued a Dismissal Order. The Applicant had filed an application with the CAT, which proceeded to Stage 2 - Mediation. However, as per Rule 34.3 of the CAT's Rules of Practice, the CAT can close a case in Stage 2 - Mediation if the Applicant does not advance the case to Stage 3 within a specified timeframe. In this case, the Applicant did not pay the required fee to move the matter to Stage 3 after more than 15 days, leading to the dismissal of the case in Stage 2 - Mediation.

Verdict:

Quick Verdict / Lesson:
The case of Steshenko v. York Region Standard Condominium Corporation No. 1075, 2022 ONCAT 141, highlights the importance of adhering to procedural rules in legal proceedings. In this instance, the case was dismissed during Stage 2 - Mediation because the Applicant failed to advance it to Stage 3 within the stipulated timeframe or pay the required fee.

Takeaways:

Takeaways:

Cases in the Condominium Authority Tribunal progress through different stages, including Mediation.

Failure to move the case to the next stage within the specified timeframe can result in case dismissal.

Payment of required fees is crucial to advance a case to the next stage in the CAT's process.

The CAT emphasizes the confidentiality of documents and messages exchanged during earlier stages of the case.

Documents can be shared as required by law, such as with government organizations or courts.

Recommendations: 

Recommendations:

Parties involved in legal proceedings, including those in the Condominium Authority Tribunal, should closely follow procedural rules and deadlines to ensure their cases progress smoothly.
When provided with opportunities to advance a case to the next stage, such as mediation, promptly take necessary actions as required by the rules.
Ensure timely payment of any fees associated with moving the case forward, as non-payment can lead to case dismissal.

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