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Thackorie v. Peel Standard Condominium Corporation No. 843 - 2022 ONCAT 10 - 2022-01-25
Corporation:
TPSCC 843
Date:
2022-01-25
Summary:
In Thackorie v. Peel Standard Condominium Corporation No. 843, 2022 ONCAT 10, the Condominium Authority Tribunal (CAT) issued a Dismissal Order due to the Applicant's lack of participation in the case. The Applicant filed an application against the Respondent condominium corporation, which proceeded to Stage 2 – Mediation. However, the Applicant ceased participation on the CAT-ODR Platform and did not make any submissions by the specified deadline. The CAT's Rules of Practice require regular monitoring and participation, and Rule 34.3(d) allows for a case to be considered abandoned after a period of inactivity. Despite attempts to contact the Applicant, no response was received, leading to the conclusion that the Applicant had abandoned the case. Therefore, the CAT ordered the dismissal of the case.
Under:
CAT Decisions - Dismissal Order
Verdict:
In Thackorie v. Peel Standard Condominium Corporation No. 843, the case was dismissed due to the Applicant's lack of active participation and engagement with the CAT-ODR system. The key lesson here is that parties involved in CAT cases must regularly check and actively participate in the online dispute resolution system, as failure to do so can result in case abandonment and dismissal.
Takeaways:
Active Participation is Essential: The Condominium Authority Tribunal (CAT) emphasizes the importance of active participation by all parties involved in a case. In this instance, the Applicant's lack of participation in the CAT-ODR Platform led to the case's dismissal.
Timely Responses are Vital: Rule 11.2 of the CAT's Rules of Practice mandates regular checking of the CAT-ODR system and responding to directives. Failing to do so can result in the case being considered abandoned.
Abandonment Rules: Rule 34.3(d) allows for cases to be deemed abandoned if there is no communication or discussion on the CAT-ODR system for more than 15 days.
Efforts for Notification: The CAT made efforts to contact the Applicant to ensure they were aware of the case's status and the impending dismissal.
Suitability for Mediation: The CAT noted that the nature of the case was well-suited for mediation, highlighting the benefits of alternative dispute resolution methods in condominium-related disputes.
Recommendations:
Active Participation: Parties involved in CAT cases should actively participate in the CAT-ODR system, checking it regularly as required by Rule 11.2 of the CAT's Rules of Practice. This active involvement is crucial to ensuring that cases progress smoothly and are not subject to abandonment.
Timely Responses: Parties should be prompt in responding to any communications from the Tribunal. When Notices of Intent to Dismiss or other notifications are issued, parties should adhere to the specified deadlines for making submissions or taking necessary actions to prevent case dismissal.
Communication: If parties encounter difficulties or have valid reasons for not participating or responding, they should proactively communicate their issues to the Tribunal. Timely communication can help prevent misunderstandings and assist in finding solutions to keep cases moving forward.