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Chapman v. Toronto Standard Condominium Corporation No. 1611 - 2020 ONCAT 40 - 2020-10-20

Corporation:

CTSCC 1611

Date:

2020-10-20

Under:

CAT Decisions - Decision
Compliance with Settlement Agreement

Summary:

This case involves a dispute between a unit owner of Toronto Standard Condominium Corporation No. 1611 ("TSCC 1611"), and TSCC 1611 regarding compliance with a settlement agreement reached after a records request under section 55 of the Condominium Act, 1998. While the Respondent provided some records, it failed to meet the deadline to deliver certain records electronically, and some were not provided until months later. The Condominium Authority Tribunal found that TSCC 1611 did not fully comply with the Settlement Agreement. However, the Tribunal did not impose a penalty but instead awarded costs of $125.

The case highlights the importance of adhering to compliance deadlines, demonstrating candid communication, effectively delivering the requested records, and appropriately fulfilling the requirements of a Settlement Agreement. It also highlights the importance of clarity and avoiding ambiguity when drafting these agreements to prevent any potential disputes.

Verdict:

The case of Chapman v. Toronto Standard Condominium Corporation No. 1611 highlights the importance of adhering to compliance deadlines and seeking clarity to avoid ambiguity when drafting Settlement Agreements. Additionally, failing to comply with the requirements of a Settlement Agreement, even if eventually resolved, can result in penalties. Therefore, parties should not take deadlines and the terms of a Settlement Agreement lightly, and they must ensure it resolves the issues in dispute while avoiding any ambiguity.

Takeaways:

Adherence to compliance deadlines and effective communication are crucial when fulfilling the requirements of a Settlement Agreement.

Failing to deliver records in electronic form, as required by the Settlement Agreement under s. 55 of the Condominium Act, 1998, is a violation of the terms, even if the records are eventually delivered.

Clarity and avoiding ambiguity are vital when drafting these agreements to prevent any potential disputes.

In case of any ambiguities in a Settlement Agreement, it is the responsibility of the parties involved to ensure that it resolves the issues in dispute and that it is clear.

The Condominium Authority Tribunal has the authority to award costs for lack of full compliance with a Settlement Agreement, but imposing a penalty is not always necessary.

Recommendations: 

Adherence to Settlement Agreements: Parties involved in a Settlement Agreement should ensure strict adherence to the terms and deadlines outlined in the agreement. This includes delivering records within the specified timeframe to prevent any potential disputes.

Clarity in Agreement Language: It is crucial to draft Settlement Agreements with clear and unambiguous language to avoid misunderstandings and potential conflicts. Parties should seek legal advice or assistance when drafting settlement terms to ensure clarity and specificity.

Effective Communication: Parties must prioritize effective communication throughout the settlement process. This includes timely responses to emails and maintaining open lines of communication to address any concerns or issues that may arise. Regular and transparent communication can help foster a cooperative atmosphere and prevent misunderstandings.

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