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Essex Condominium Corporation No. 28 v. Pecarski - 2022 ONCAT 116 - 2022-10-27

Corporation:

ECC 28

Date:

2022-10-27

Under:

CAT Decisions - Decision
Compliance with Settlement Agreement
Smoke and/or vapour

Summary:

In the case of Essex Condominium Corporation No. 28 v. Pecarski, the Applicant, Essex Condominium Corporation No. 28 (ECC 28), brought a case against the Respondent for alleged breach of a Settlement Agreement. The Settlement Agreement was related to smoking on the balcony of the Respondent's unit in the condominium. The Applicant argued that the Respondent violated the agreement by smoking on the balcony on multiple occasions. The decision by Member Victoria Romero found in favor of the Applicant, concluding that the Respondent had indeed breached the Settlement Agreement. As a remedy, the Respondent was ordered to pay pre-litigation costs, legal costs, and CAT fees, while being instructed to comply with the terms of the Settlement Agreement.

Verdict:

Breach of Settlement Agreement: The CAT found that the Respondent had breached the Settlement Agreement, which prohibited smoking on the balcony and required compliance with the condominium's rules regarding smoking.

Pre-litigation Costs: The CAT ordered the Respondent to pay pre-litigation costs incurred by the Applicant from September 17, 2020, through August 17, 2021, in the amount of $3,748.00 plus HST, as stipulated in the Settlement Agreement.

CAT Costs: The CAT awarded the Applicant a portion of its CAT costs related to this case. Specifically, the Respondent was ordered to pay $2,358 + HST for the CAT costs incurred by the Applicant.

Tribunal Fees: The CAT also ordered the Respondent to pay $125.00 in Tribunal fees incurred by the Applicant.

Takeaways:

Settlement Agreements: Settlement Agreements in condominium disputes are legally binding contracts. Parties involved should carefully adhere to the terms and conditions agreed upon within these agreements, as failure to do so may lead to legal consequences.

Evidence and Non-Participation: In legal proceedings, the absence of one party's active participation does not necessarily prevent a decision from being made. If one party fails to engage in the legal process, the decision may be based solely on the evidence and submissions of the other party.

Costs and Compliance: When a party breaches a Settlement Agreement or fails to comply with condominium rules, they may be held responsible for various costs incurred by the condominium corporation. The amount and allocation of these costs are typically determined by the relevant laws, rules, and the specific circumstances of the case.

Recommendations: 

Compliance with Settlement Agreements: Parties to a settlement agreement should take their obligations seriously and ensure compliance with the terms of the agreement. Failure to comply can lead to legal consequences, including cost awards.

Proper Documentation: When seeking costs or making claims in legal proceedings, it is important to provide clear and substantiated evidence of expenses incurred. In this case, the lack of evidence for certain costs resulted in a reduced award.

Legal Representation: When facing legal proceedings, especially in a complex area like condominium disputes, it may be beneficial to seek legal representation. Legal professionals can help navigate the legal process, ensure compliance with agreements, and make strong arguments in your favor

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