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Choose your role:
Carleton Condominium Corporation No. 105 v. 1010527 Ontario Ltd. et al. - 2023 ONCAT 12 - 2023-01-26
Corporation:
CCC 105
Date:
2023-01-26
Summary:
In the case of Carleton Condominium Corporation No. 105 v. 1010527 Ontario Ltd. et al., a consent order was issued by the Condominium Authority Tribunal. The order resolves a dispute related to smoking in the condominium. The order requires the respondent to immediately comply with the condominium's rules regarding smoking. Additionally, the respondent, 1010527 Ontario Ltd., is obligated to comply with its obligations as the unit owner and pay costs to the condominium corporation. If any party fails to comply with the terms of the order, it may be enforced through the Ontario Superior Court of Justice.
Under:
CAT Decisions - Consent Order
Compliance with Governing Documents
Smoke and/or vapour
Verdict:
The case of Carleton Condominium Corporation No. 105 v. 1010527 Ontario Ltd. et al. has been resolved with a consent order. The order requires the respondent to immediately comply with the condominium's rules regarding smoking, including designated smoking areas. 1010527 Ontario Ltd. is also obligated to comply with its obligations as the unit owner and pay costs to the condominium corporation. Failure to comply with the terms of the order may result in enforcement through the Ontario Superior Court of Justice.
Takeaways:
Takeaways:
The consent order resolves a dispute regarding smoking in a condominium and sets specific rules and obligations for the parties involved.
The order requires the respondent to comply with the condominium's rules regarding smoking, including designated smoking areas.
The respondent, 1010527 Ontario Ltd., is obligated to comply with its obligations as the unit owner and ensure that occupants and invitees adhere to the condominium's rules.
The order includes a provision for the respondent, 1010527 Ontario Ltd., to pay costs to Carleton Condominium Corporation No. 105.
Failure to comply with the terms of the order may result in enforcement through the Ontario Superior Court of Justice.
Recommendations:
Recommendations:
the respondents should ensure immediate compliance with the condominium's rules regarding smoking to avoid any further legal consequences.
1010527 Ontario Ltd. must fulfill its obligations as the unit owner by ensuring that occupants and invitees adhere to the condominium's rules.
It is important for both parties to abide by the terms of the consent order to avoid the need for enforcement through the Ontario Superior Court of Justice.