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Wei v. Toronto Standard Condominium Corporation No. 2297 - 2023 ONCAT 110 - 2023-06-12

Corporation:

WTSCC

Date:

2023-06-12

Under:

CAT Decisions - Dismissal Order
Access to Records

Summary:

In the case of Wei v. Toronto Standard Condominium Corporation No. 2297, the applicant filed an application with the Condominium Authority Tribunal (CAT) related to access to records. The case had proceeded to Stage 2 – Mediation. However, the applicant failed to move the case to Stage 3, as required by CAT's Rules of Practice, after having the opportunity to do so for more than 15 days. Since the applicant did not pay the fee to advance the case, the CAT issued an order to dismiss the case.

Verdict:

Quick Verdict:

The case of Wei v. Toronto Standard Condominium Corporation No. 2297 was dismissed because the Applicant did not move the case to Stage 3 within the specified time after being given the opportunity. The CAT closed the case in Stage 2 - Mediation.

Key Lesson:

Applicants in cases before the Condominium Authority Tribunal (CAT) must adhere to the prescribed timelines and requirements, including paying any necessary fees, to ensure their cases progress through the stages of the dispute resolution process effectively. Failure to do so can result in case dismissal.




Takeaways:

Key Takeaways:

The Applicant in the case filed an application with the Condominium Authority Tribunal (CAT).

The case proceeded to Stage 2 - Mediation, but Rule 34.3 of the CAT's Rules of Practice allows the CAT to close a case in Stage 2 if the Applicant does not move it to Stage 3 within a specified timeframe.

The Applicant was given the opportunity to move the case to Stage 3 but did not pay the required fee, leading to the dismissal of the case in Stage 2 - Mediation.

The CAT emphasizes the confidentiality of documents and messages shared during the case's negotiation and mediation stages.

Users may share documents received during the case if required by law, such as to a government organization or a court.




Recommendations: 

Timely Case Progression: Parties involved in condominium-related disputes should be mindful of the timelines and procedural requirements set by the Condominium Authority Tribunal (CAT) or other relevant legal processes. In this case, the Applicant had the opportunity to move the case to Stage 3 but did not do so within the given timeframe. To ensure their case progresses smoothly, parties should promptly adhere to CAT's procedural rules.

Financial Considerations: Parties should be aware of the associated fees and financial obligations required to move their case through different stages of dispute resolution. It's important to allocate resources and budget for the necessary fees to avoid potential case dismissals due to non-payment. If parties are experiencing financial constraints, they may explore available options for fee waivers or assistance.

Legal Assistance: While self-representation is an option, parties should consider seeking legal counsel or advice when dealing with condominium-related disputes. Legal professionals can provide guidance on navigating the process, adhering to procedural requirements, and ensuring the case progresses effectively. They can also assist in addressing any financial considerations associated with the case.

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