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Van Schaik v. London Condominium Corporation No. 18 - 2021 ONCAT 11 - 2021-02-08

Corporation:

VSLCC 18

Date:

2021-02-08

Under:

CAT Decisions - Dismissal Order
Access to Records

Summary:

In the case of Van Schaik v. London Condominium Corporation No. 18, the Applicant filed an application with the Condominium Authority Tribunal (CAT), which proceeded to Stage 2 - Mediation. However, the CAT issued a Notice of Intent to Dismiss on February 3, 2021, as neither party submitted any responses within the designated time frame. As the Applicant indicated a lack of intent to continue with the case and failed to respond to further directions, the Member determined that the case had been abandoned. Consequently, a Dismissal Order was issued, closing the case in Stage 2 - Mediation.

Verdict:

In Van Schaik v. London Condominium Corporation No. 18, the Applicant initiated a case with the Condominium Authority Tribunal (CAT) that reached Stage 2 - Mediation. However, the CAT has the authority to close a case in this stage if it is determined that the Applicant has abandoned the case. In this case, the Applicant expressed disinterest in continuing the case and failed to respond to further directions, leading to the issuance of a Dismissal Order. The lesson here is that parties should actively participate and communicate during the tribunal process to avoid case abandonment and ensure their concerns are addressed.

Takeaways:

In the case of Van Schaik v. London Condominium Corporation No. 18, the Applicant filed an application with the Condominium Authority Tribunal (CAT), which proceeded to Stage 2 - Mediation on January 13, 2021.

The CAT may close a case in Stage 2 - Mediation under Rule 32.3 if it is determined that the Applicant has abandoned their case.

A Notice of Intent to Dismiss was issued on February 3, 2021, requesting submissions from the parties to explain whether the case should be dismissed. No submissions were provided by the parties within the designated timeframe.

Since the Applicant expressed a lack of interest in continuing the case and failed to respond to further directions, the Member issued a Dismissal Order, concluding that the case was abandoned.

The Tribunal's order includes the closure of the case in Stage 2 - Mediation, emphasizing the privacy and confidentiality of documents and messages exchanged during the case, and the ability to share documents if required by law, such as with government organizations or courts.

Recommendations: 

Active Participation: Parties involved in a tribunal process, such as the Condominium Authority Tribunal (CAT), should actively engage and communicate promptly. If they no longer wish to pursue the case, they should formally communicate their decision to the tribunal rather than allowing it to be deemed abandoned.

Timely Submissions: When a Notice of Intent to Dismiss or any other directive is issued by the tribunal, it is crucial to adhere to the timelines provided for submitting responses or required information. Failure to do so can result in the case being dismissed.

Understanding Confidentiality: Users participating in CAT proceedings should be aware of the confidentiality of documents and messages exchanged during the negotiation and mediation stages. They should refrain from sharing this information without the explicit consent of the other party unless required by law, such as for government organizations or courts.

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