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Calderon v. York Condominium Corporation No. 274 - 2022 ONCAT 9 - 2022-01-24

Corporation:

CYCC 274

Date:

2022-01-24

Under:

CAT Decisions - Consent Order
Access to Records
Fees, Costs, Penalties

Summary:

In the case of Calderon v. York Condominium Corporation No. 274, the Applicant and the Respondent, York Condominium Corporation No. 274, reached a Consent Order to settle their dispute. This Consent Order, issued by the Condominium Authority Tribunal (CAT), effectively closed the case without a hearing. As per the terms of the order, the Applicant agreed to pay $126.00 to the Respondent, and, in return, the Respondent agreed to provide the Applicant with specific records related to housekeeping and cleaning services. The records were to be delivered by a specified date. Failure to comply with the order's terms could result in enforcement through the Ontario Superior Court of Justice.

Verdict:

In Calderon v. York Condominium Corporation No. 274, the parties reached a Consent Order to resolve their dispute without a formal hearing. This case underscores the flexibility of the Condominium Authority Tribunal (CAT) to facilitate settlements through consent orders, avoiding lengthy legal proceedings while ensuring compliance with agreed-upon terms. Parties should be diligent in adhering to the specified timelines and conditions to prevent enforcement through the Ontario Superior Court of Justice.

Takeaways:

The case of Calderon v. York Condominium Corporation No. 274 was resolved through a Consent Order, demonstrating the parties' agreement to settle their dispute without the need for a formal hearing.

The Consent Order was issued by the Condominium Authority Tribunal (CAT) and effectively closed the case in Stage 2 - Mediation.

The terms of the Consent Order specified that the Applicant would pay $126.00 to the Respondent, York Condominium Corporation No. 274, by a specified date.

In return, the Respondent agreed to provide the Applicant with specific records related to housekeeping and cleaning services, covering a particular period.

The order emphasized the importance of compliance, stating that any party failing to meet the terms could face enforcement through the Ontario Superior Court of Justice.

Recommendations: 

Prompt Settlement through Consent Orders: Parties involved in condominium disputes should consider the option of reaching a settlement through consent orders, as it can lead to a quicker resolution and avoid lengthy legal proceedings. This can be especially advantageous when both parties agree on the terms.

Adherence to Timelines and Conditions: To ensure a smooth process, it's crucial for all parties involved to comply with the agreed-upon timelines and conditions as specified in consent orders. Failing to meet these obligations could result in enforcement through the legal system.

Effective Communication: Open and effective communication between parties, even when disputes arise, can facilitate the negotiation of consent orders and ultimately lead to a more efficient and satisfactory resolution. Parties should be willing to engage in constructive dialogue to reach mutually acceptable terms.

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