CONDOMINIUM AUTHORITY TRIBUNAL
DATE: February 7, 2023
CASE: 2022-00018N
Citation: Pavlakovic v. Toronto Standard Condominium Corporation No. 2158, 2023 ONCAT 18
Order under section 1.44 of the Condominium Act, 1998.
Member: Anne Gottlieb, Member
The Applicant,
Victoria Pavlakovic
Self-Represented
The Respondent,
Toronto Standard Condominium Corporation No. 2158
Represented by Alessandro Santino Gianvecchio, Agent
DISMISSAL ORDER
[1] The Applicant filed an application with the Condominium Authority Tribunal (CAT) regarding odour, smoke, and vapour issues. The case was accepted on January 28, 2022, and moved to Stage 1 - Negotiation (“Stage 1”) 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 was 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. On April 29, 2022, the motion to reopen the case was granted and the case recommenced in Stage 1.
[4] Stage 2 - Mediation (“Stage 2”) began November 22, 2022. The parties both participated and agreed to a plan for the condominium corporation to conduct some testing in the Applicant’s unit. However, no final settlement agreement was reached in Stage 2.
[5] On January 18, 2023, the Applicant was granted permission to move this case to Stage 3- Tribunal Hearing (“Stage 3”). To date the Applicant has not paid the required fee.
[6] Under Rule 34.3(f) of the CAT’s Rules of Practice, the CAT can close a case if the Applicant has not paid the fee to proceed to Stage 3, within 15 days. The Applicant was made aware of the deadline and has not paid the fee. Accordingly, the CAT orders that this case be closed, with no further possibility that this case be reopened.
ORDER
[7] The Tribunal orders that:
1. This case is closed in Stage 2 - under Rule 34.3 of the CAT’s Rules of Practice and shall not be reopened.
2. Messages from the Stage 2 Tribunal Member are not to be shared or disclosed.
3. The parties may share a copy of any document they received during this case if required by law, such as to a government organization or a court.
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| Anne Gottlieb |
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| Member, Condominium Authority Tribunal |
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Released on: February 7, 2023