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Heather Bannister v Toronto Standard Condominium Corporation 2492 - 2018 ONCAT 18 - 2018-10-24
Corporation:
HBTSCC 2492
Date:
2018-10-24
Summary:
In the case of Heather Bannister v Toronto Standard Condominium Corporation 2492 (2018 ONCAT 18), a consent order was reached between the Applicant and the Respondent, Toronto Standard Condominium Corporation 2492. The consent order resulted from Stage 2 Mediation conducted by Anne Gottlieb, a mediator at the Condominium Authority Tribunal. The settlement conditions were fulfilled by both parties, leading to the closure of the file. The Tribunal ordered the closure of the case, emphasizing that it has been fully resolved through the mediated agreement, and the application cannot be reopened.
Under:
CAT Decisions - Consent Order
Verdict:
In the case of Heather Bannister v Toronto Standard Condominium Corporation 2492, the parties reached a settlement through the Condominium Authority Tribunal's Stage 2 Mediation. The Consent Order confirms that the conditions of the settlement have been satisfied, and the file is closed, emphasizing the effectiveness of mediation in achieving resolution without the need for further actions or reopening the case.
Takeaways:
Consent Order Closure: The Condominium Authority Tribunal (CAT) closed the case of Heather Bannister v Toronto Standard Condominium Corporation 2492 through a Consent Order, signifying a resolution achieved by both parties in the tribunal's Stage 2 Mediation. This highlights the effectiveness of mediation in reaching mutual agreements and settling disputes.
Satisfaction of Conditions: The Consent Order indicates that the conditions of the settlement, known to both the applicant and the respondent, have been fulfilled. This emphasizes the importance of parties adhering to the terms agreed upon during mediation, leading to the closure of the file with no further actions required.
Finality of Resolution: The Tribunal's order signifies that the case has been fully resolved in Stage 2 Mediation and cannot be re-opened, providing a sense of finality to the resolution process. This contributes to the efficient and conclusive nature of the CAT's dispute resolution mechanism.
Recommendations:
Promote Mediation as an Effective Dispute Resolution Tool:
Encourage condominium corporations and unit owners to consider mediation as an effective and efficient method for resolving disputes. Highlight the benefits of mediation, such as reaching mutually agreeable solutions, saving time and costs, and avoiding protracted legal proceedings. Promoting awareness of mediation as a viable option can contribute to more amicable resolutions in condominium-related conflicts.
Facilitate Self-Representation Support:
Recognize the prevalence of self-represented individuals in condominium disputes and provide resources or guidance to support them effectively. This may involve creating informational materials, online guides, or workshops that explain the tribunal process, legal terminology, and procedural steps. Empowering self-represented parties with knowledge can lead to more informed and smoother dispute resolution processes.
Ensure Clarity in Consent Order Terms:
Emphasize the importance of clarity in consent orders, ensuring that the terms are explicit, easily understandable, and unambiguous. This includes specifying the conditions of settlement comprehensively to avoid potential misunderstandings or disputes in the future. Clear and transparent consent orders contribute to the parties' understanding of their obligations, facilitating smoother implementation and reducing the likelihood of further disagreements.