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Frankel v. York Region Condominium Corporation No. 664 - 2023 ONCAT 106 - 2023-08-01

Corporation:

FYRCC 664

Date:

2023-08-01

Under:

CAT Decisions - Consent Order
Noise

Summary:

This is a consent order in the case of Frankel v. York Region Condominium Corporation No. 664, decided on August 1, 2023, by the Condominium Authority Tribunal.

The Applicant and the Respondent have agreed to settle the matter. The parties have agreed that the application will be dismissed without costs and without prejudice to the Applicant's right to pursue the matter through mediation, arbitration, or both.

Verdict:

In the case of Frankel v. York Region Condominium Corporation No. 664, a consent order was issued, resulting in the dismissal of the application without costs. The lesson here is that parties involved in condominium disputes can choose to amicably resolve their issues through consent orders, preserving the right to pursue alternative dispute resolution methods, such as mediation or arbitration, if needed in the future. This approach allows for flexibility in addressing condominium-related conflicts and encourages cooperation among parties to seek resolution without incurring legal expenses.

Takeaways:

In the case of Frankel v. York Region Condominium Corporation No. 664, several key takeaways can be highlighted:

Consent Order Resolution: The parties involved in this condominium dispute, the Applicant and the Respondent reached a consent order. This means that both parties agreed to a resolution, resulting in the dismissal of the application.

Dismissal Without Costs: The Application was dismissed without costs, which implies that neither party was required to cover the legal expenses of the other party. This often indicates a mutual agreement to resolve the matter amicably.

Without Prejudice: The dismissal was without prejudice to the Applicant's right to pursue the matter through mediation, arbitration, or other legal avenues in the future. This preserves the Applicant's ability to revisit the dispute should the need arise.

Flexible Resolution Options: The order highlights that condominium-related disputes can be resolved through various means, such as mediation and arbitration, offering flexibility in seeking resolutions to such issues.

Importance of Legal Representation: Both parties were represented by legal counsel, emphasizing the significance of legal guidance and representation in condominium disputes, which can be complex and require specialized knowledge of condominium law and regulations.

Recommendations: 

Encourage Mediation and Alternative Dispute Resolution (ADR): The Condominium Authority Tribunal (CAT) should actively promote the use of mediation and other alternative dispute resolution methods for noise-related disputes within condominiums. It can provide information and resources to parties to help them understand the benefits of resolving issues through mediation or ADR, which can be quicker and less adversarial than formal Tribunal proceedings.

Noise Mitigation Education: The CAT should develop educational materials or workshops focused on noise mitigation strategies for both condominium corporations and owners. These resources can help prevent noise disputes by raising awareness about sound insulation, common courtesy, and other measures that can minimize disturbances within condominium communities.

Consent Order Guidance: The CAT should offer clear guidance and information about Consent Orders, emphasizing the importance of parties' rights to pursue matters through mediation, arbitration, or other dispute resolution mechanisms. This guidance can help parties make informed decisions about how to proceed with their disputes and encourage them to explore less formal methods before resorting to Tribunal hearings.

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