Condominium Authority Tribunal
Date: May 29, 2026
Case: 2025-00986N
Citation: O’Keefe, Matsumoto v. Metropolitan Toronto Condominium Corporation No. 1353, 2026 ONCAT 97
Order under Rule 19.1 of the Condominium Authority Tribunal’s Rules of Practice.
Member: Jill Moriarty, Member
The Applicants:
Kevin O’Keefe
Self Represented
Takashi Matsumoto
Self-Represented
The Respondent:
Metropolitan Toronto Condominium Corporation No. 1353
Represented by Mike Yussuf, Agent
Submission Dates: April 30, 2026 to May 25, 2026
DISMISSAL ORDER
1The Applicants filed an application with the Condominium Authority Tribunal (CAT). The case proceeded to Stage 2 – Mediation on April 21, 2026.
2The issue in this case was that Metropolitan Toronto Condominium Corporation No. 1353 (“MTCC 1353”) required the Applicants to park in a visitor parking spot while their assigned parking spot was undergoing repairs, contrary to the condominium rules. The Applicants requested an order to require MTCC 1353 to provide parking arrangements that comply with the condominium rules.
3While initially clarifying the issues in the dispute, I learned that repairs to the Applicant’s assigned parking spot had been completed and that MTCC 1353 no longer requires the Applicants to park in the visitor parking area. It appears that the issue is moot. There is no longer an issue to decide.
4Under Rule 19.1 of the CAT’s Rules of Practice, the CAT can close a case in Stage 2 – Mediation if the CAT determines that a case is about issues that are so minor that it would be unfair to make the Respondent go through the CAT process to respond to the Applicants’ concerns. In this case, the issue no longer exists.
5A Notice of Intent to Dismiss under Rule 34.3 of the CAT’s Rules of Practice was provided on April 30, 2026. It advised that the CAT was considering dismissing this case under Rule 19.1 of the CAT’s Rules of Practice because the issue no longer existed. Parties were invited to make submissions regarding the Notice of Intent to Dismiss, but neither party responded to the invitation, despite a deadline extension, and no submissions were provided to the CAT.
6I find that the issues that make up this dispute are moot and therefore so minor that it would be unfair and/or disproportionate to require the Respondent to respond. Accordingly, I order that this case be dismissed.
ORDER
7The Tribunal orders that:
This case is closed in Stage 2 – Mediation under Rule 19.1 of the CAT’s Rules of Practice.
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.
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.
Jill Moriarty
Member, Condominium Authority Tribunal
Released on: May 29, 2026