CONDOMINIUM AUTHORITY TRIBUNAL
DATE: November 3, 2023
CASE: 2023-00181R
Citation: Compton v. Waterloo North Condominium Corporation No. 153, 2023 ONCAT 164
Order under section 1.44 of the Condominium Act, 1998.
Member: Angelique Palmer, Member
The Applicant,
Linda Compton
Self-Represented
The Respondent,
Waterloo North Condominium Corporation No. 153
Represented by Rohina Hashimi
DISMISSAL ORDER
[1] The Applicant filed an application with the Condominium Authority Tribunal (CAT). The case proceeded to Stage 2 - Mediation on or about May 15, 2023.
[2] Under Rule 34.3(d) of the CAT’s Rules of Practice, the CAT can close a case in Stage 2 - Mediation if the Applicant has abandoned the Case because there has been no discussion on the CAT-ODR system for more than 15 days.
[3] There have been repeated delays in participation on the part of the Applicant in the months of July, August, end of September and in October 2023, preventing mediation from moving forward.
[4] The Member reached out to the Applicant and gave opportunities to resume participation throughout this period. Most recently, the Member reach out to the Applicant on September 20, 27, October 4th and 11th, 2023, requesting the Applicant’s participation, but received no response.
[5] A Notice of Intent to Dismiss was issued by the Member on October 12, 2023, which provided a schedule for the parties to respond. The Applicant was given until October 19, 2023 to file a response. No response was filed or communication received by the deadline. On October 25, 2023, the Respondent sent a message stating that it had no objection to the Notice of Intent to Dismiss.
ORDER
[6] 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.
_______________________
Angelique Palmer
Member, Condominium Authority Tribunal
Released on: November 3, 2022