CONDOMINIUM AUTHORITY TRIBUNAL
Order under Rule 4 of the Condominium Authority Tribunal’s Rules of Practice.
Member: Nicole Aylwin, Member
The Applicant, Essex Condominium Corporation No. 25 Represented by Sean Doyle, Agent
The Respondents, Louie Ferrari Self-Represented
Ken Porter Self-Represented
Fabienne Tavener Self-Represented
MOTION ORDER
1Essex Condominium Corporation No. 25 (“ECC 25”) has initiated the following three cases against unit owners in the condominium. Case 2021-00037N against Louie Ferrari; case 2021-00038N against Mr. Ken Porter, 2021-00009N against Ms. Fabienne Tavener. All three cases relate to the rules around visitor parking in the condominium and in all three cases the issues have been determined to be the same.
2ECC 25 asked the Tribunal to merge these three cases. The CAT sought submissions about merging these cases to be heard together at Stage 3. It was made clear that merging these cases would result in the writing of one decision that all parties involved would be required to abide by. All parties consented to merging these cases.
3Rule 4.1 of the CAT's Rules of Practice states that the CAT may give directions or make Orders to provide for a fair, focused and efficient process in each case. Rule 16.2 states that the CAT may direct that two or more cases be heard together if the CAT believes it would be fair to do so.
4As the parties agree and having determined that merging the cases together will provide for the most fair, focused and efficient process for the parties involved in terms of their time and resources and will not result in any prejudice to any party, I find that the cases will be merged.
ORDER
5The Tribunal orders that cases 2021-00037N, 2021-00038N and 2021-00009N be heard together, pursuant to Rule 16.2 of the CAT Rules of Practice.
Nicole Aylwin
Member, Condominium Authority Tribunal
Released on: May 17, 2021