CONDOMINIUM AUTHORITY TRIBUNAL
DATE: May 17, 2021
CASE: 2021-00009N,
2021-00037N, 2021-00038N
Citation: Essex Condominium Corporation No. 25 v. Ferrari et al., 2021 ONCAT 46
Order under Rule 4 of the Condominium Authority Tribunal’s Rules of Practice.
Member: Nicole Aylwin, Member
The Applicant,
Essex
Condominium Corporation No. 25
Represented by Sean Doyle, Agent
The
Respondents,
Louie Ferrari
Self-Represented
Ken
Porter
Self-Represented
Fabienne
Tavener
Self-Represented
MOTION ORDER
[1] Essex Condominium Corporation No. 25 (“ECC 25”) has initiated the following three cases against unit owners in the condominium. Case 2021-00037N against Louie Ferrari; case 2021-00038N against Mr. Ken Porter, 2021-00009N against Ms. Fabienne Tavener. All three cases relate to the rules around visitor parking in the condominium and in all three cases the issues have been determined to be the same.
[2] ECC 25 asked the Tribunal to merge these three cases. The CAT sought submissions about merging these cases to be heard together at Stage 3. It was made clear that merging these cases would result in the writing of one decision that all parties involved would be required to abide by. All parties consented to merging these cases.
[3] Rule 4.1 of the CAT's Rules of Practice states that the CAT may give directions or make Orders to provide for a fair, focused and efficient process in each case. Rule 16.2 states that the CAT may direct that two or more cases be heard together if the CAT believes it would be fair to do so.
[4] As the parties agree and having determined that merging the cases together will provide for the most fair, focused and efficient process for the parties involved in terms of their time and resources and will not result in any prejudice to any party, I find that the cases will be merged.
ORDER
[5] The Tribunal orders that cases 2021-00037N, 2021-00038N and 2021-00009N be heard together, pursuant to Rule 16.2 of the CAT Rules of Practice.
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Nicole Aylwin |
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Member, Condominium Authority Tribunal |
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Released on: May 17, 2021