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Choose your role:
Teeter v. Simcoe Condominium Corporation No. 8 - 2021 ONCAT 84 - 2021-09-17
Corporation:
TSCC 8
Date:
2021-09-17
Summary:
In the case of Teeter v. Simcoe Condominium Corporation No. 8, a dispute arose regarding accessible parking at Simcoe Condominium Corporation No. 8 (SCC No. 8). After mediation, the applicant failed to make a timely request for adjudication to move to Stage 3 of the process within the prescribed 30-day period. This motion order, issued by a Member of the Condominium Authority Tribunal, grants the applicant an extension of time for requesting adjudication. The decision considers factors such as the applicant's bona fide intention to appeal, the length of the delay, prejudice to the other party, and the merits of the appeal. The ruling concludes that the delay was minor, and justice would be served by granting the extension. The applicant is provided with seven additional calendar days to request adjudication.
Under:
CAT Decisions - Motion Order
Parking and Storage
Verdict:
The Condominium Authority Tribunal granted the applicant an extension of time to request adjudication in a dispute related to accessible parking at Simcoe Condominium Corporation No. 8. This decision was based on the belief that the applicant had a bona fide intention to proceed, the short delay, the absence of prejudice to the other party, and the unresolved merits of the case. The decision underscores the importance of ensuring that applicants have fair opportunities to pursue their cases when there are valid reasons for delays, especially in matters related to access and accommodation.
Takeaways:
The Tribunal considered factors such as intention, delay, prejudice, and case merits when granting the extension.
The decision highlighted the importance of the justice of the case in such matters.
The applicant was given a short extension to request adjudication for the parking dispute.
The case involved a complaint about the lack of accessible parking spots at SCC No. 8.
Lack of evidence regarding issue resolution was a significant factor in granting the extension.
Recommendations:
Clear Communication: Ensure that communication between the parties and the mediator regarding the procedural requirements for moving to the next stage is clear and unambiguous. This can prevent misunderstandings about the process and deadlines.
Timely Reminders: Consider implementing automated reminders within the CAT-ODR system to alert applicants about impending deadlines, such as the 30-day period for requesting adjudication. Timely reminders can help prevent unintentional delays.
Documentation of Intent: Encourage applicants to keep records of their communications and intentions throughout the dispute resolution process. In this case, having clear documentation of the applicant's intention to proceed to Stage 3 could have helped avoid the delay issue.