CAT Decisions

CONDOMINIUM AUTHORITY TRIBUNAL

DATE: August 10, 2023
CASE: 2022-00510N

Citation: Kalayjian v. York Condominium Corporation No. 301, 2023 ONCAT 111

Order under section 1.44 of the Condominium Act, 1998.

Member: Marc Bhalla, Member

The Applicant,
Dikranouhy Kalayjian
Represented by Laura Brown, Counsel

The Respondent,
York Condominium Corporation No. 301
Represented by Carol Dirks, Counsel

DISMISSAL ORDER

[1]       The Applicant filed an application with the Condominium Authority Tribunal (CAT). The case proceeded to Stage 2 – Mediation. During mediation, progress was made. The parties worked together to try to address the Applicant’s nuisance concerns.

[2]       Under Rule 34.3 of the CAT’s Rules of Practice, the CAT can close a case in Stage 2 - Mediation if the Applicant does not move their case to Stage 3 after having the opportunity to do so for more than 15 days.

[3]       The Applicant in this case was given the opportunity to move the case to Stage 3 on July 25, 2023. Since the Applicant has not paid the fee to move the case forward, I order the case dismissed. 

ORDER

[4]       The Tribunal orders that:

1.         This case is closed in Stage 2 - Mediation under Rule 34.3 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 parties during these stages without the permission of the other.

3.         The parties 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.

Released on: August 10, 2023