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CONDOMINIUM AUTHORITY TRIBUNAL

 

DATE: October 19, 2021
CASE:
2021-00172R

Citation: Ahmed v. Metropolitan Toronto Condominium Corporation No. 581, 2021 ONCAT 97

Order under section 1.44 of the Condominium Act, 1998.

Member: Stephen Roth, Member

The Applicant,
Abbas Ahmed
Self-Represented

The Respondent,
Metropolitan Toronto Condominium Corporation No. 581
Represented by Shiva Behmanesh

DISMISSAL ORDER

[1]  The Applicant filed an application with the Condominium Authority Tribunal (CAT). The case proceeded to Stage 2 - Mediation on June 21, 2021.

[2]  Under Rule 32.3 of the CAT’s Rules of Practice, the CAT can close a case in Stage 2 - Mediation if the CAT determines that the Applicant has abandoned his case.

[3]  The Applicant has not participated in this mediation since September 11, 2021, despite repeated requests to do so. 

[4]  A Notice of Intent to Dismiss was posted and provided to the parties on October 8, 2021. Both parties were given an opportunity to provide submissions, not exceeding 250 words or 1 page, to explain why they believe that the case should or should not be dismissed.

         Abbas Ahmed was invited to make submissions by October 16, 2021

         Metropolitan Toronto Condominium Corporation No. 581 was invited to respond by October 23, 2021

[5]  The Applicant did not provide submissions or communicate further. Given that the Applicant failed to respond to my frequent requests including my request for submissions, I find that this case has been abandoned.

[6]  Accordingly, I order that this case be dismissed.

ORDER

[7]  The Tribunal orders that:

1.         This case is closed in Stage 2 - Mediation under Rule 32.3 of the CAT’s Rules of Practice.

2.         Any documents and messages that have been shared for this Case in Stage 1 - Negotiation and / or Stage 2 - Mediation are private and confidential. That means that the Users cannot share, or tell anyone about, messages or documents they received from other Users during these stages without the permission of the other User.

3.         The Users may share a copy of any document they received during the course of this case if required by law, such as to a government organization or a court.

 

 

 

Stephen Roth

 

Member, Condominium Authority Tribunal

Released on: October 19, 2021

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