CONDOMINIUM AUTHORITY TRIBUNAL
Order under section 1.41 of the Condominium Act, 1998.
Member: Keegan Ferreira, Vice-Chair
The Applicant, Bharatkumar Trivedi
Self-represented The Respondent, York Condominium Corporation No. 27
DISMISSAL ORDER
1The Applicant filed an application with the Condominium Authority Tribunal (CAT) to resolve a records dispute. The Tribunal accepted the application on November 18, 2024.
2When the application was accepted, the Applicant was prompted by the Tribunal’s online system to download and deliver the Notice of Case to the Respondent. That Notice includes instructions and a unique code that the Respondent must use to join the case.
3The Tribunal received an email sent by the Applicant at 12:12 a.m. on November 19, 2024. The Applicant sent that email to the Respondent’s email address, the Tribunal’s email address, and to a further 83 additional individuals / entities. The Applicant had attached to that email a copy of the Notice that they were required to deliver only to the Respondent.
4One of the recipients of the Applicant’s email, an individual named Lourdes Simbulan, erroneously used the information included in the Notice to join the case as the Respondent. As a consequence, Lourdes Simbulan is currently listed as the Respondent in the Tribunal’s online system, and York Condominium Corporation No. 27, the proper Respondent, is no longer able to join the case.
5I find that the Applicant sent the Notice intended only for the Respondent to several dozen individuals not involved in this case, and, as a result, that the wrong Respondent has joined the case. I order that this case be dismissed and closed immediately. The Applicant may choose to re-file their case. If they do, the Notice should only be provided to the Respondent, and the Applicant should not share a copy of that Notice with any other individual or entity.
ORDER
6The Tribunal orders that:
- This case is dismissed under Rule 4 of the CAT’s Rules of Practice.
Keegan Ferreira
Vice-Chair, Condominium Authority Tribunal
Released on: November 20, 2024