CONDOMINIUM AUTHORITY TRIBUNAL
Order under Rule 21 of the Tribunal’s Rules of Practice
Member: Jennifer Webster, Member
The Applicant, Janet Tamo Represented by Jonathan Fine, Counsel
The Respondents, Metropolitan Toronto Condominium Corporation No. 744 Represented by Deborah Howden, Counsel
Teryn Clancy
Represented by Micheal Simaan, Counsel
Hearing: Written Online Hearing – December 12, 2021 to April 4, 2022
CONFIDENTIALITY ORDER
1Rule 21.5 of the Condominium Authority Tribunal Rules of Practice states:
The CAT may take any steps and make any directions or Orders that are needed to protect the confidentiality of personal information. The CAT may do this after a request or without a request from a Party, in accordance with the CAO’s Access and Privacy Policy.
2All parties submitted documents that contained personal medical information about the Applicant, Dr. Janet Tamo, and the Respondent, Ms. Teryn Clancy. I held a case management conference with the parties on February 23, 2022 and I advised them that, based on my review of the doctor’s reports, they contained sensitive personal information. I also advised the parties that I had determined that it was appropriate to issue an order to protect the confidentiality of the personal information. The parties stated that they agreed with the decision to issue a confidentiality order.
3During this proceeding, I held a day of live cross-examination on March 23, 2022 during which the applicant and Ms. Clancy answered questions from opposing counsel. This session was recorded, and the parties requested that the confidentiality order extend to this recording because both witnesses had disclosed sensitive medical information during their cross-examination. I agreed to this request.
ORDER
4Pursuant to Rule 21.5 of the Tribunal’s Rules of Practice, I order that the following documents and records (the Confidential Documents) are subject to this confidentiality order:
Exhibits 16, 24, 25, 26, 27, 28, 48, 53, 54, 58, and 63
The recording of the cross-examination session on March 23, 2022
5I order the Confidential Documents be treated as strictly confidential and removed from the public record in this matter.
6Other than the Tribunal and its staff, only the counsel and representatives of each party whose names appear in Appendix A shall have access to and view the Confidential Documents.
7All parties in this case must take all reasonable steps to ensure that the Confidential Records subject to this order remain private. That means that the parties cannot disclose, share, or tell anyone about the confidential information they access in this case.
8The termination of these proceedings will not relieve any person to whom the Confidential Documents are disclosed from maintaining the confidentiality of the information.
Jennifer Webster
Member, Condominium Authority Tribunal
Released on: April 29, 2022
APPENDIX A
List of Parties, Counsel and Representatives Bound by this Confidentiality Order
Applicant: Janet Tamo
Applicant’s Representative(s): Jonathan Fine, Natalia Polis
Respondent: Metropolitan Toronto Condominium Corporation No. 744
Respondent’s Representative(s): Deborah Howden, Ava Naraghi, Martin Starkman
Respondent: Teryn Clancy
Respondent’s Representative(s): Micheal Simaan