Licence Appeal Tribunal File Number: 15341/CMSA

In the matter of an appeal from a Notice of Proposal to revoke a General Licence and an Immediate Suspension Order issued by the Registrar under the Condominium Management Services Act, 2015, S.O. 2015, c. 28, Sched. 2.

Between:

Norbert (Bert) Berger

Appellant

and

Registrar for the Condominium Management Regulatory Authority of Ontario

Respondent

DECISION AND ORDER

ADJUDICATOR:

Bruce Stanton

APPEARANCES:

For the Appellant:

Colin Pye, Counsel

For the Respondent:

Ali Arlani, Representative

Sandy Vizely, Representative

Erin MacQuarrie, Counsel

Heard by videoconference

November 9, 2023

OVERVIEW

1Norbert (Bert) Berger, the appellant, appeals from a Notice of Proposal (“NOP”) to revoke the General Licence issued to him by the Registrar of the Condominium Management Regulatory Authority of Ontario, the respondent, on October 12, 2023, issued pursuant to the Condominium Management Services Act, 2015, S.O. 2015, c. 28, Sched. 2 (the “Act”). On the same date, the respondent also served the appellant with an Immediate Suspension Order (“ISO”) pursuant to s. 43 of the Act, which has the immediate effect of suspending his licence.

2The appellant requested a hearing by the Tribunal with respect to the NOP on October 27, 2023 and a hearing was set for today, within the 15-day limit prescribed in s. 43(3) of the Act.

3The respondent filed a Notice of Motion on November 3, 2023, seeking an adjournment of today’s hearing and an extension of the expiration of the ISO to the conclusion of the hearing, so that the parties could prepare for the hearing with respect to the NOP, and because respondent counsel initially assigned to the appeal was unavailable today. The adjournment request and ISO expiry extension were on consent.

RESUMPTion and Case Conference

4The extension of the expiration of the ISO and the adjournment are granted.

Immediate Suspension Order

5Under s. 43(3) of the Act, an ISO expires upon the earlier of 15 days after the Tribunal receives the written request for a hearing, or the conclusion of the hearing. The Tribunal may extend the time of expiration if a hearing is commenced within the 15-day period. The hearing has commenced.

6Since the request to extend the ISO until the conclusion of hearing is on consent, the extension is granted. The ISO will remain in force until the conclusion of the hearing.

Adjournment

7The respondent’s written adjournment request was filed with the Tribunal and served on the other party in compliance with Rule 16.1 of the Licence Appeal Tribunal Rules (“Rules”).

8In considering the adjournment request, I referred to the factors set out in Rule 16.3. I grant the request because:

i. This appeal was filed only 13 days ago. The hearing was scheduled to commence today because the ISO is set to expire November 11, 2023 (15 days after the hearing request) unless a hearing is commenced prior to that date at which the Tribunal orders an extension. It is reasonable to allow more time for the parties to prepare for a hearing that potentially has significant consequences to them;

ii. Owing to the short time requirements in the Act, the parties were not canvassed for their ability to prepare for, and attend, today’s hearing;

iii. The request is on consent; and

iv. The length of adjournment will be short. The hearing will commence on a date to be scheduled at a case conference on November 14, 2023.

Case Conference

9At today’s hearing, the parties were not prepared to discuss the administrative elements of the resumption of the hearing, such as hearing date(s), disclosure requests, document exchanges, witness lists or timelines for the filing of documents.

10A case conference is therefore set for Tuesday, November 14, 2023, from 1:30 pm to 3:30 p.m., to discuss the administration of the resumption of the hearing. At this case conference, the parties shall be prepared to discuss:

i. Setting a date(s) and times for the resumption of the hearing;

ii. Refining the issue(s) in dispute;

iii. The exchange and disclosure of documents and statements of anticipated witnesses, as necessary;

iv. Witness lists;

v. Timelines and format for filing of evidence; and

vi. Other administrative matters relevant to a timely and efficient resumption of the hearing.

ORDER

11I order the following:

i. The hearing is adjourned and will be resumed on a date to be set at a case conference scheduled in accordance with this order.

ii. The expiration of the immediate suspension order is extended to the conclusion of the hearing, pursuant to s. 43(3) of the Act;

iii. A case conference shall be set for Tuesday, November 14, 2023 at 1:30 p.m., to establish the administrative elements of the resumption of the hearing.

12As I have not heard any evidence going to the merits of this dispute between the parties, I am not seized of this matter.