CONDOMINIUM AUTHORITY TRIBUNAL

DATE: June 15, 2021
CASE: 2021-00180SA

Citation: Tahseen v. Metropolitan Toronto Condominium Corporation No. 818, 2021 ONCAT 50

Order under section 1.41 of the Condominium Act, 1998.

Member: Ian Darling, Chair

The Applicant,

Michael Tahseen

Self-Represented

The Respondent,

Metropolitan Toronto Condominium Corporation No. 818

DISMISSAL ORDER

[1]       The Applicant filed an application with the Condominium Authority Tribunal (CAT). The CAT proposed to dismiss the case after reviewing the problem description and Applicant’s documentation for the following reasons:

1.    The application was filed as a dispute under subsection 1.47 (3) of the Condominium Act, 1998 (the “Act”). That subsection permits a Party to a settlement agreement reached during a previous CAT case to file an application for an order requiring compliance with that settlement agreement;

2.    The Applicant is not a party to a settlement agreement reached during a previous CAT case; and,

3.    The problem description provided by the Applicant appears to raise new issues in dispute, including issues which are outside of the CAT’s current jurisdiction.

[2]       The Applicant responded to the Tribunal’s Notice of Intent to Dismiss, in their response they affirmed that the issues were new since they were related to problems connected to the governance of the corporation, and a new records issue.

[3]       In making this decision, I do not decide the merits of the Applicant’s new dispute. I find that it does not meet the requirements of an application under s. 1.47 of the Act. Accordingly, I order that this case be dismissed. 

ORDER

[4]       The Tribunal orders this Application is dismissed.

Released on: June 15, 2021