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Durham Condominium Corporation No. 80 v. Occleston - 2022 ONCAT 59 - 2022-06-01
Corporation:
DCC 80 O
Date:
2022-06-01
Summary:
In the case of Durham Condominium Corporation No. 80 v. Occleston (2022 ONCAT 59), the condominium corporation (Applicant) alleged that the respondent and/or occupants of her unit were causing smoking odors, which constituted a nuisance to other residents. The parties agreed to settle the substantive issues through mediation, but they could not reach an agreement regarding costs. The consent order states that the substantive issues have been resolved, with the Respondent agreeing not to allow smoking in her unit, on her exclusive-use balcony, or in the common elements. The issue of costs will be adjudicated separately in Stage 3.
Under:
CAT Decisions - Consent Order
Indemnification or Compensation
Odour
Smoke and/or vapour
Verdict:
Verdict: The condominium corporation was permitted to charge a fee for access to proxies, with the hourly labor rate of $30 considered reasonable. The printing and copying costs were adjusted to $0.012 per page. The applicant was reimbursed the CAT application fee, but no further costs or penalties were awarded.
Lesson: This case highlights the importance of understanding the distinction between core and non-core records when requesting access to condominium corporation records. It also emphasizes the need for reasonable fee estimates and adjustments based on actual costs incurred.
Takeaways:
Smoking Odor Nuisance: The case revolved around a dispute where the Respondent and/or occupants of her unit were alleged to be causing smoking odors, which created a nuisance for other residents within the condominium.
Settlement Through Mediation: The parties were able to reach a settlement regarding the substantive issues during the mediation stage (Stage 2) of the Condominium Authority Tribunal (CAT) process.
Cost Disagreement: Despite settling the substantive issues, the parties did not agree on the resolution of costs. They opted to have the issue of costs adjudicated separately in Stage 3 of the CAT process.
Compliance Order: The consent order stipulated that the Respondent agreed not to allow smoking in her unit, on her exclusive-use balcony, or in the common elements of the Applicant's condominium, by herself or anyone else.
Enforcement Through Court: In case of non-compliance with the terms of the order, it was specified that enforcement could be pursued through the Ontario Superior Court of Justice.
Recommendations:
Mediation and Resolution: Encourage parties to engage in mediation or alternative dispute resolution methods early on. In this case, mediation helped the parties find a mutually agreeable solution. It's a cost-effective and efficient way to address disputes without going through a lengthy legal process.
Clear Governing Documents: Condominium corporations should maintain well-defined governing documents, including clear no-smoking rules, and ensure residents are aware of them. Unit owners must be diligent in adhering to these rules. Regularly educate residents on the condominium's bylaws and regulations.
Addressing Costs: Consider addressing the issue of costs as part of the dispute resolution process. Parties should discuss potential cost implications during mediation to reach a comprehensive agreement. This proactive approach can prevent disagreements over costs and ensure a smoother resolution process.