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Wang v. Carleton Condominium Corporation No. 95 - 2023 ONCAT 54 - 2023-04-05

Corporation:

WCCC 95

Date:

2023-04-05

Under:

CAT Decisions - Motion Order

Summary:

In the case of Wang v. Carleton Condominium Corporation No. 95, the applicant made a motion request for changes to a previous decision issued by the Condominium Authority Tribunal (CAT). The motion was made under Rule 46 of the Tribunal's Rules of Practice, which allows for clarifications or corrections to be made. However, the CAT dismissed the motion as the Applicant made the request more than 30 days after receiving the decision. According to Rule 46.3, parties have 30 days to request minor corrections or clarifications. As the request was out of time, the CAT denied the motion and did not address the requested changes to the decision.

Verdict:

Verdict: The case of Wang v Carleton Condominium Corporation No 95 was dismissed by the Tribunal on February 15, 2023, and further motion requests for changes to the decision were denied on March 30, 2023.

Lesson: The lesson from this case could be the importance for parties to adhere to the specified time limits for making requests or motions, as failing to do so may result in being considered out of time and the requests being denied.

Takeaways:

here are three key takeaways from the case of Wang v Carleton Condominium Corporation No 95:

Dismissal of the case: The Tribunal dismissed the case on February 15, 2023, as stated in the motion order. This suggests that the claims made by the Applicant were not successful.

Time limit for changes: Rule 463 allows a party 30 days from receiving an order or decision to request a minor correction or clarification. However, the Applicant made a further motion request for changes to the decision on March 30, 2023, which was more than 30 days after the initial decision. Consequently, the Applicant is considered out of time to request changes to the decision under Rule 46.

Denied motion: The Applicant's motion request for changes to the decision was denied by the Member of the Condominium Authority Tribunal. Since the request was made out of time, the Member decided not to address the request for changes to the decision.

Recommendations: 

Adherence to Timelines: Parties involved in legal proceedings, including condominium disputes, should be mindful of the specified timelines for making requests, motions, or appeals. In this case, the Applicant's request for changes was dismissed because it was submitted more than 30 days after receiving the decision. It is essential to understand and follow the procedural rules and deadlines to ensure that your requests are considered in a timely manner.

Clear and Relevant Requests: When making requests for changes or amendments to a decision, ensure that the requested changes are clear, relevant, and address significant issues. In this case, the Tribunal dismissed the Applicant's request for changes that were considered to be factual errors incidental to the case. Parties should focus on requesting changes that are essential to the outcome of the case and provide supporting reasons for those requests.

Legal Representation: While the Applicant in this case was self-represented, it is worth considering legal representation, especially in complex legal matters. Legal professionals can help ensure that requests, motions, and appeals are made in compliance with the rules and regulations of the legal process. They can also provide guidance on the significance of requested changes and the likelihood of their success. If possible, seeking legal counsel may be beneficial in navigating legal proceedings effectively.

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