Condominium Authority Tribunal
CASE: 2020-00190R
Order under section 1.44 of the Condominium Act, 1998.
Member: Deborah Anschell, Member
The Applicant, Konstantina Eritsos Self-Represented
The Respondent, York Region Condominium Corporation No. 955 Represented by Delio Marques
DISMISSAL ORDER
1The Applicant filed an application with the Condominium Authority Tribunal (CAT). The case proceeded to Stage 2 on August 20, 2020.
2Under Rule 32.3 of the CAT’s Rules of Practice, the CAT can close a case in Stage 2 if the CAT determines that the Applicant has abandoned their case.
3The Applicant has not participated in this mediation since August 26, 2020, despite repeated requests to do so.
4Notice of Intent to Dismiss was posted and provided to the parties on September 20, 2020. Both parties were given an opportunity to provide submissions to explain why they believed the case should or should not be dismissed. The Applicant was invited to make submissions by September 28, 2020 and the Respondent was invited to make submissions by October 5, 2020.
5Neither party provided any submissions. 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.
6Accordingly, I order that this case be dismissed.
ORDER
7The Tribunal orders that:
This case is closed in Stage 2 - Mediation, under Rule 32.3 of the CAT’s Rules of Practice.
Any documents and messages that have been shared for this Case in Stage 1 – Negotiation and Stage 2 – Mediation are private and confidential. That means that 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.
Deborah Anschell
Member, Condominium Authority Tribunal
Released on: October 19, 2020