CONDOMINIUM AUTHORITY TRIBUNAL
DATE: February 29, 2024
CASE: 2023-00616N
Citation: Coffey v. Toronto Standard Condominium Corporation No. 2780 et al., 2024 ONCAT 29
Order under section 1.41 of the Condominium Act, 1998.
Member: Dawn Wickett, Member
The Applicant,
Mark Coffey
Represented by Grace Stabel
The Respondents,
Toronto Standard Condominium Corporation No. 2780
Represented by Michael Campbell, Counsel
Murat Basoglu, Efe Demirtel and Bartu Gurel
Represented by Murat Basoglu, Agent
Leela Fernandes, Joao Fernandes and Denise Sookhan
Represented by Leela Fernandes, Agent
Submission Dates: February 15, 2024, to February 28, 2024
DISMISSAL ORDER
[1] The Applicant filed an application with the Condominium Authority Tribunal (CAT). The case proceeded to Stage 2 – Mediation on December 15, 2023.
[2] Under Rule 19.1 of the CAT’s Rules of Practice, if the CAT determines that the Applicant has abandoned their case, the application may be dismissed at the CAT’s discretion.
[3] On February 15, 2024, I issued a Notice of Intent to Dismiss (“NOID”) this application because the Applicant appeared to have abandoned their case. The NOID provided the parties deadlines to respond. The Applicant had until February 22, 2024, and the Respondents had until February 28, 2024, to provide submissions. Neither party made submissions.
[4] The Applicant has repeatedly failed to take the actions required to actively participate in this stage of the CAT process. As such, I find that this case has been abandoned. Accordingly, I order this case be dismissed.
ORDER
[5] The Tribunal orders that:
1. This case is dismissed.
2. Any documents and messages that have been shared for this case are private and confidential. That means that the Parties cannot share, or tell anyone about, messages or documents they received from others during this stage without the permission of the other Party and of the Tribunal, as per Rule 5 of the CAT’s Rules of Practice.
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.
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Dawn Wickett |
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Member, Condominium Authority Tribunal |
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Released on: February 29, 2024