Coffey v. Toronto Standard Condominium Corporation No. 2780 et al., 2024 ONCAT 29

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

1The Applicant filed an application with the Condominium Authority Tribunal (CAT). The case proceeded to Stage 2 – Mediation on December 15, 2023.

2Under 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.

3On 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.

4The 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

5The 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.

Dawn Wickett
Member, Condominium Authority Tribunal