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Yeung v. Metropolitan Toronto Condominium Corporation No. 1136 - 2022 ONCAT 137 - 2022-12-02

Corporation:

YMTCC 1136

Date:

2022-12-02

Under:

CAT Decisions - Motion Order

Summary:

In the case of Yeung v. Metropolitan Toronto Condominium Corporation No. 1136, the applicant sought permission to file a new application with the Condominium Authority Tribunal (CAT) after a previous restriction on their access. The CAT had restricted the applicant's access due to a pattern of vexatious conduct and the submission of multiple cases with minor issues. In this request, the CAT denied the applicant's request to submit a new case, citing that the basis of the request was similar to prior requests and the issues in dispute were minor.

The CAT also considered awarding costs to the respondent, but it was determined that an award of $500 in costs was appropriate, given the unique circumstances of the case.

Verdict:

In the case of Yeung v. Metropolitan Toronto Condominium Corporation No. 1136, the Applicant had previously been restricted from filing new applications due to a pattern of vexatious conduct in filing multiple cases. The Applicant requested permission to file a new case, which was denied, and the Respondent was awarded $500 in costs. This case demonstrates that the CAT may restrict an applicant's access to prevent abuse and may award costs if the behavior continues.

Takeaways:

Key Takeaways:

The CAT may restrict access to applicants who engage in vexatious conduct.
Permission to file a new application may be denied if the issues are minor or consistent with past conduct.
The CAT can award costs when a party's behavior is unreasonable, for an improper purpose, or causes additional expenses.
Costs may be awarded to mitigate expenses incurred by the opposing party.
Consequences of unsuccessful applications may escalate in severity.

Recommendations: 

Recommendations:

Parties should use the CAT for legitimate purposes and avoid filing applications for vexatious reasons.
Understand that repetitive and unreasonable conduct can lead to restrictions on filing new cases and may result in cost awards.
Ensure that submissions to the CAT are concise and relevant to the case to avoid escalating costs.

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