Shiva Behmanesh

The applicant brought an application alleging the respondent condominium corporation breached a settlement agreement by failing to provide complete board meeting minutes.

The respondent sought to dismiss the case for delay and lack of standing, as the applicant was a tenant, not the registered owner.

The Tribunal found the applicant acted in good faith regarding the delay and had standing as a party to the settlement agreement.

However, the Tribunal dismissed the application on the merits, finding the respondent did not breach the agreement because it was only required to provide records it actually possessed, and there was no evidence the missing topics were ever discussed or recorded in any minutes.

The applicant filed an application with the Condominium Authority Tribunal which proceeded to mediation.

The applicant failed to participate in the mediation for over a month despite repeated requests.

After issuing a Notice of Intent to Dismiss and receiving no submissions from the applicant, the Tribunal found the case to be abandoned and ordered it dismissed pursuant to Rule 32.3 of the CAT's Rules of Practice.