CONDOMINIUM AUTHORITY TRIBUNAL
DATE: November 16, 2023
CASE: 2023-00309N
Citation: Peel Condominium Corporation No. 106 v. Kumar, 2023 ONCAT 173
Order under section 1.44 of the Condominium Act, 1998.
Member: Anne Gottlieb, Member
The Applicant,
Peel Condominium Corporation No. 106
Represented by Natalia Polis, Counsel
The Respondents,
Prathyash Krishna Kumar
Self Represented
WITHDRAWAL ORDER
[1] The Applicant, Peel Condominium Corporation No. 106 filed a case with the Condominium Authority Tribunal (the “Tribunal”). The case proceeded to Stage 2 – Mediation (“Stage 2”) on or about August 14, 2023.
[2] Under Rule 34.3 of the Tribunal’s Rules of Practice the Tribunal can close a case in Stage 2, if the Applicant advises that they wish to withdraw their application.
[3] On November 7, 2023, the Applicant made a request to withdraw this case. The Applicant indicated that the Tribunal fees and the legal costs of the Applicant to the end of Stage 2, would be borne by the Applicant. The Respondent provided consent to withdraw the application.
[4] The Tribunal accepts the withdrawl and each party will bear their own costs. I order this case to be closed.
ORDER
[5] The Tribunal Orders that:
1. This case is closed in Stage 2- Mediation under Rule 34.3 of the Tribunal’s Rules of Practice.
2. The Applicant will bear the costs of the Tribunal filing fees.
3. Parties will each bear their own costs with respect to this application.
4. All messages, documents and discussions shared in Stage 1 – Negotiation and Stage 2 – Mediation of this case are private and confidential except those discussions that were mutually agreed to be disclosed to others. The messages from the Stage 2 Tribunal Member are not to be disclosed.
5. 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.
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Anne Gottlieb
Member, Condominium Authority Tribunal
Released on: November 16, 2023