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Ottawa-Carleton Condominium Corporation No. 558 v. El-Hajjar et al. - 2023 ONCAT 114 - 2023-08-17

Corporation:

OCCC 558

Date:

2023-08-17

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Odour
Parking and Storage
Smoke and/or vapour

Summary:

The case discussed in the provided link is Ottawa-Carleton Condominium Corporation No. 558 v. El-Hajjar et al. It involves the Applicant, Ottawa-Carleton Condominium Corporation No. 558, alleging that the Respondent has breached various rules related to noise, smoking, storage, pets, and parking. The Respondent, the owner of the unit, supports the corporation's request for a compliance order against a tenant but disputes the responsibility for the corporation's costs.

The Tribunal found to be in non-compliance with the corporation's rules and ordered him to comply with the provisions related to smoking, storage, pets, and parking. The respondent was also ordered to pay $4,059.50 in costs. Additionally, the respondent was ordered to pay $3,325 to the corporation. It is mentioned that there were witness statements prepared by the respondent's neighbors, but these were withdrawn due to the witnesses' fear of reprisal. The Tribunal anonymized the witnesses' names in the decision but stated that it could not accept anonymous statements.

Verdict:

the quick verdict is that the tenant has been found to have breached the rules of Ottawa-Carleton Condominium Corporation No. 558 related to noise, smoking, storage, pets, and parking. He has been ordered to comply with these rules and pay $4,059.50, while the non-resident owner has also been ordered to pay $3,325.

Takeaways:

The tenant's non-compliance: The Applicant, Ottawa-Carleton Condominium Corporation No. 558, alleged that a tenant in the condominium, breached various rules related to noise, smoking, storage, pets, and parking. The Tribunal found that the tenant failed to comply with the corporation's rules in these areas.

Compliance order and costs: The Tribunal ordered the tenant to comply with the corporation's rules and to pay $4,059.50 in costs. Additionally, Respondent, the owner of the unit, was ordered to pay $3,325 to the corporation.

Witness involvement and anonymity: Two witness statements prepared by tenant's neighbors were submitted but later withdrawn due to the witnesses' fear of reprisal. The Tribunal noted that it could not accept anonymous statements but anonymized the witnesses' names in the decision.

These takeaways highlight the issues of non-compliance, the consequences for breaching the rules, and the importance of witness participation in the proceedings.

Recommendations: 

Improve Record Management and Timeliness: The condominium corporation, Metropolitan Toronto Condominium Corporation No. 1359, should focus on improving its record management procedures to ensure timely responses to record requests from unit owners. It's essential to comply with the timeframes mandated by the Condominium Act, 1998. Implement a system to keep track of incoming record requests and ensure they are responded to promptly.

Enhance Communication and Transparency: The parties involved should strive to enhance communication and transparency to prevent future disputes. Clear and timely communication can help avoid misunderstandings and unnecessary conflicts. Unit owners, like the Applicant, should be informed about any unusual circumstances related to their requests, and the condominium corporation should provide explanations when records are not readily available or have specific details.

Seek Mediation or Alternative Dispute Resolution: Given the history of disputes between the Applicant and the condominium corporation, it is advisable for both parties to explore mediation or alternative dispute resolution methods before resorting to formal legal proceedings. Mediation can be a cost-effective and efficient way to resolve conflicts and reach mutually acceptable solutions without the need for costly legal representation and the associated expenses. Seeking a mediated resolution may help improve the working relationship between the parties and prevent future disputes.

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