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Calderon v. York Condominium Corporation No. 274 - 2021 ONCAT 78 - 2021-08-13

Corporation:

CYCC 274

Date:

2021-08-13

Under:

CAT Decisions - Consent Order
Compliance with Settlement Agreement

Summary:

In the case of Calderon v. York Condominium Corporation No. 274 (2021 ONCAT 78), a Consent Order was issued on August 13, 2021, under section 1.47 of the Condominium Act, 1998. The Applicant and the Respondent, York Condominium Corporation No. 274, reached an agreement to settle their dispute, resulting in the Consent Order. The Order requires the respondent to provide specific Board Minutes to the applicant and issue a cheque of $150 to the applicant. The applicant is to pick up the cheque on August 25, 2021. Compliance with the Order is enforceable through the Ontario Superior Court of Justice.

Verdict:

In the case of Calderon v. York Condominium Corporation No. 274, the parties reached a resolution through a Consent Order, demonstrating the effectiveness of alternative dispute resolution methods. The Consent Order outlined specific actions, including providing Board Minutes and issuing a monetary compensation, to ensure compliance with the settlement agreement. The key lesson here is that such orders can efficiently resolve disputes without the need for a formal hearing, provided both parties agree to the terms, with a clear mechanism for enforcement through the legal system in case of non-compliance.

Takeaways:

Consent Order: The case was resolved through a Consent Order, indicating that both parties, the Applicant and York Condominium Corporation No. 274 (the Respondent), mutually agreed to the terms of the settlement.

Board Minutes Disclosure: The Respondent was ordered to provide specific Board Minutes to the Applicant, covering various dates in 2020 and 2021. These minutes were to be redacted as per section 55(4) of the Condominium Act.

Monetary Compensation: The Respondent was directed to issue a cheque of $150 to the Applicant. The cheque was to be delivered to the building's security where the Applicant resides.

Compliance Deadline: The Applicant was required to confirm receipt of the cheque and the provided Board Minutes by email to the Respondent's counsel by August 30, 2021.

Enforcement Through the Court: The Consent Order specified that failure to comply with any of its terms could lead to enforcement through the Ontario Superior Court of Justice, ensuring that the agreement would be legally binding.

Recommendations: 

Emphasize Mediation and Settlement: Encourage parties involved in condominium disputes to consider mediation and settlement as viable options for resolving issues. This case highlights the effectiveness of reaching a consensus through a Consent Order, reducing the need for lengthy legal proceedings.

Clear and Specific Consent Orders: When parties agree to resolve a dispute through a Consent Order, ensure that the order is explicit and specific about the actions and timelines, as demonstrated in this case. This clarity helps in avoiding potential disputes related to compliance.

Establish Enforcement Mechanisms: In any Consent Order, include a provision for enforcement through the legal system in the event of non-compliance. This serves as a safeguard to ensure that the agreed-upon terms are met and provides a clear path for resolution if issues persist.

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