CONDOMINIUM AUTHORITY TRIBUNAL
Order under Rule 4 of the Condominium Authority Tribunal’s Rules of Practice.
Member: Ian Darling, Chair
Applicant
Maureen Cayer,
Self-represented
Respondent
Peel Condominium Corporation No. 11
Represented by Abdul Samad, Agent
Submission Dates: May 28, 2024 to May 29, 2024
MOTION ORDER
[1]
Motion Order
The Applicant filed a records case with the Condominium Authority Tribunal (CAT). The case is currently in Stage 1 – Negotiation. The Respondent submitted a motion to dismiss the case indicating that all the records have been provided. Before the CAT could review the motion, the Applicant responded with submissions. The Applicant opposes the Motion.
2The CAT did not need further submissions from either party to decide the motion. In their response, the Applicant demonstrated that there is still a legitimate dispute.
3I interpreted the Respondent’s motion as a request to dismiss the case under Rule 19 of the CAT Rules. This rule allows for a dismissal when there are no issues to decide, or if the issues are so minor it would be unfair to allow the case to proceed. I decline to dismiss the case, as I am satisfied that the motion does not meet any of the criteria to dismiss a case. On its face, the Respondent has asserted that the records have been provided, and the Applicant has stated that the corporation has not provided all the requested records. While I make no finding on the substance of the case, it is clear that there is a dispute and the issues are all within the CAT’s records jurisdiction.
4Accordingly, I am denying the motion to dismiss the case.
ORDER
[5]
Order
The Tribunal orders that the motion to dismiss be denied.
Ian Darling
Chair, Condominium Authority Tribunal
Released on: May 29, 2024