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Ferreira v. Simcoe Condominium Corporation No. 45 - 2022 ONCAT 24 - 2022-03-22

Corporation:

FSCC 45

Date:

2022-03-22

Under:

CAT Decisions - Decision
Parking and Storage

Summary:

In the case of Ferreira v. Simcoe Condominium Corporation No. 45, the dispute was mediated between the parties, with only the issue of whether the Applicant should recover their $75 Tribunal filing fee remaining. The Member, found in favor of the Applicant, stating that the Respondent had not addressed the issues until the Applicant initiated the Tribunal process. As a result, the Respondent was ordered to pay the $75 filing fees. If the full amount was not provided to the Applicant within 30 days of the order, they were allowed to set off the amount against the common expenses attributable to their unit(s) as per Section 1.45(3) of the Act. This case highlights the importance of addressing concerns promptly and the potential financial implications of delayed responses in condominium disputes.

Verdict:

In the case of Ferreira v. Simcoe Condominium Corporation No. 45, the Tribunal found in favor of the Applicant, allowing them to recover their $75 Tribunal filing fee from the Respondent. This decision underscores the importance of promptly addressing issues in condominium disputes and highlights the effectiveness of the mediation process in resolving such matters efficiently, ultimately saving time and resources for all parties involved.

Takeaways:

Efficient Resolution: The parties engaged in Stage 2 - Mediation to resolve their dispute, emphasizing the importance of efficient dispute resolution within condominium settings. This approach saved time, costs, and resources compared to proceeding to a Stage 3 Tribunal Decision hearing.

Recovery of Filing Fees: The Applicant sought to recover their $75 Tribunal filing fee, arguing that the Respondent only addressed their concerns after the fee was paid.

Mediation-Adjudication Agreement: The authority for the Member to decide this issue came from a Mediation-Adjudication Agreement, which allows the selection of one party's preferred outcome to resolve the matter.

Absence of Response: The Respondent did not make submissions or request an extension, resulting in a decision in favor of the Applicant.

Right to Recover Fees: The Tribunal ordered the Respondent to pay the Applicant's filing fees of $75, highlighting the importance of addressing issues promptly in condominium disputes to avoid potential financial implications.

Recommendations: 

Timely Address Resident Concerns: Condominium corporations should promptly address resident concerns and issues. In this case, the Respondent's failure to address the Applicant's concerns led to the need for a Tribunal proceeding. Timely resolution at an earlier stage, such as mediation, can save time, expenses, and resources for both parties.

Cooperate in Mediation: Parties involved in condominium disputes should actively engage in mediation and work towards mutually agreeable solutions. Effective mediation can lead to settlements that benefit all parties, as seen in this case, where most issues are resolved through collaboration.

Transparent Fee Handling: Condominium corporations should be transparent in their fee-handling processes. Filing fees and other costs associated with dispute resolution should be clearly communicated and managed fairly. This decision highlights the importance of addressing concerns related to fees and promptly resolving such disputes.

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