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Wang v. Carleton Condominium Corporation No. 95 - 2023 ONCAT 29 - 2023-02-27
Corporation:
WCCC 95
Date:
2023-02-27
Summary:
In the case of Wang v. Carleton Condominium Corporation No 95, the applicant brought a motion to correct or clarify the decision made by the Condominium Authority Tribunal. The applicant disagreed with several findings and characterizations made in the decision. However, the tribunal denied the motion, stating that the requested changes went beyond minor typographical errors or clarifications and would either change the outcome of the case or extend beyond the scope allowed by the tribunal's Rules of Practice. Therefore, the motion was deemed outside the permissible scope and dismissed. The decision was released on February 27, 2023, by Marc Bhalla, a member of the Condominium Authority Tribunal.
Under:
CAT Decisions - Motion Order
Verdict:
Quick Verdict/Lesson: When seeking corrections or clarifications of a Tribunal decision, it's important to understand the limitations of Rule 46 and that it primarily addresses minor issues, not substantive changes to the decision's outcome.
Takeaways:
Takeaways:
Request for Correction or Clarification: The Applicant sought a motion to correct or clarify a previous decision of dismissal made by the Tribunal. This motion was brought under Rule 46 of the Condominium Authority Tribunal's Rules of Practice.
Limited Scope for Corrections: Rule 46 allows for minor corrections or clarifications to a decision, such as fixing typographical errors or addressing unclear wording. However, it does not permit substantive changes that would alter the outcome of the case.
Disagreement with Findings: In this case, the Applicant disagreed with various findings and characterizations in the previous decision, but the Tribunal determined that the requested changes went beyond the scope of Rule 46.
Recommendations:
Recommendations:
Applicants should carefully review and understand the scope of Rule 46 when considering motions to correct or clarify Tribunal decisions.
Seek legal advice or representation when dealing with complex issues related to condominium disputes to ensure that proper procedures and rules are followed effectively.