CONDOMINIUM AUTHORITY TRIBUNAL
DATE: September 25, 2023
CASE: 2023-00222N
Citation: Arnold v. Wellington Standard Condominium Corporation No. 173, 2023 ONCAT 136
Order under section 1.44 of the Condominium Act, 1998.
Member: Nasser Chahbar, Member
The Applicant,
James Arnold
Self-Represented
The Respondent,
Wellington Standard Condominium Corporation No. 173
Represented by Charlene Lloyd, Agent
DISMISSAL ORDER
[1] The Applicant filed an application with the Condominium Authority Tribunal (CAT). The case proceeded to Stage 2 - Mediation on July 13, 2023.
[2] Under Rule 34.3 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 their case.
[3] After the Applicant decided to proceed to a Stage 3—Tribunal Decision, they were given two weeks to pay the fee and move the case to Stage 3. The Applicant did not accept the invitation to move the case to Stage 3, nor did they pay the filing fee or communicate any intention to continue their case. As such, I find that this case has been abandoned.
[4] Accordingly, I order that this case be dismissed.
ORDER
[5] 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 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.
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Nasser Chahbar |
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Member, Condominium Authority Tribunal |
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Released on: September 25, 2023