CONDOMINIUM AUTHORITY TRIBUNAL
DATE: April 25, 2023
CASE: 2022-00736N
Citation: Kassir v. Metropolitan Toronto Condominium Corporation No. 607, 2023 ONCAT 60
Order under Rule 4 of the Condominium Authority Tribunal’s Rules of Practice.
Member: Marc Bhalla, Member
The Applicant,
Bashar Kassir
Self-Represented
The Respondent,
Metropolitan Toronto Condominium Corporation No. 607
Represented by Lidia Serebriakova, Agent
Submission Dates: March 31, 2023 to April 14, 2023
MOTION ORDER
[1] I was assigned the mediation of this case. The parties took part and mediation ended without resolving the case.
[2] In evolving my role from mediator to preparing the parties for a hearing, I had concern that relief sought would not be within the CAT’s jurisdiction to provide. This included a request for an order to change condominium by-laws.
[3] I needed to ensure that the case was within CAT jurisdiction; otherwise, I would dismiss it. On March 31, 2023, I issued a Notice of Intent to Dismiss (the “Notice”). The parties were given the chance to make submissions, which the Applicant did.
[4] This motion order is limited to considering if the case should be dismissed based on the Notice. I did not consider confidential settlement negotiations in mediation, the strength of positions offered since mediation or if issues for a hearing are within CAT jurisdiction at the level of scrutiny that could take place in Stage 3.
[5] As the gate keeper of this case moving ahead, my responsibility is to ensure the case merits a hearing. This is a different focus than one which assesses prospects of success or receives full arguments and replies about jurisdiction. It involves ensuring resources would not be wasted on a case beyond the CAT’s jurisdiction.
[6] The Applicant’s reply to the Notice has clarified matters. The issues and relief sought at a hearing might include:
1. If there is a lack of compliance by the Respondent in enforcing noise and nuisance provisions in its governing documents.
2. If an order for enforcement of the Respondent’s governing documents is warranted.
3. If the Applicant should recover costs.
[7] I am satisfied the Applicant has addressed the Notice; this case may move ahead to Stage 3 for a hearing.
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Marc Bhalla |
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Member, Condominium Authority Tribunal |
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Released on: April 25, 2023