CAT Decisions

CONDOMINIUM AUTHORITY TRIBUNAL

DATE: April 29, 2022
CASE: 2022-00018N

Citation: Pavlakovic v. Toronto Standard Condominium Corporation No. 2158, 2022 ONCAT 39

Order under Rule 4 of the Condominium Authority Tribunal’s Rules of Practice.

Member: Keegan Ferreira, Vice-Chair

The Applicant,
Victoria Pavlakovic
Self-Represented

The Respondent,
Toronto Standard Condominium Corporation No. 2158
Represented by Charbel Boulos, Agent

MOTION ORDER

[1]       Victoria Pavlakovic (the Applicant) filed a case with the CAT regarding odour, smoke and vapour issues. The case was accepted on January 28, 2022 and moved into Stage 1 - Negotiation on January 31, 2022.

[2]       The case was closed by the CAT on April 8, 2022, in accordance with Rule 30.1 of the CAT’s Rules of Practice as there had been no activity in the case for more than 30 days.

[3]       On April 22, 2022, the Applicant filed a motion requesting that the case be reopened. The Applicant advised that they had recently had a family medical emergency and so had been unable to participate in the case.

[4]       The CAT can reopen a case if it was closed because party failed to participate as set out under Rule 47 of the CAT’s Rules of Practice.

[5]       I invited Toronto Standard Condominium Corporation No. 2158 (the Respondent) to make a submission about whether the case should be reopened. The Respondent objected to reopening the case. In making its objection, the Respondent noted that it has laid out a detailed process to address the issues raised by the Applicant and stating that they had been unable to address the underlying issues because of a lack of commitment by the Applicant to work with management and contractors.

[6]       Having reviewed the submissions, I have determined that this case should be reopened. The Applicant provided a reasonable explanation about their failure to participate in the case and I find that reopening the case would not result in any prejudice or unfairness to the Respondent.

[7]       The case is about a dispute between the Applicant and the Respondent that they have not been able to resolve on their own. With the case reopened, the parties will have an opportunity to work collaboratively to resolve the issues in dispute in Stage 1 – Negotiation, and to resolve it through the subsequent stages of the dispute resolution process if they are unable to resolve it in Stage 1.

[8]       Finally, I would note that if I did not order the case be reopened, the Applicant could simply file a new case with the CAT about the same issues. Ordering that the case be reopened saves the Applicant from having to file a new case and saves the Respondent from having to join it.

ORDER

[9]       The Applicant’s motion to reopen the case is granted and the case shall be reopened in Stage 1 – Negotiation as of the date of this order.

Released on: April 29, 2022