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Larocque v. Metropolitan Toronto Condominium Corporation No. 986 - 2022 ONCAT 70 - 2022-06-30

Corporation:

LMTCC 986

Date:

2022-06-30

Under:

CAT Decisions - Decision
Compliance with Settlement Agreement

Summary:

In the case of Larocque v. Metropolitan Toronto Condominium Corporation No. 986 (2022 ONCAT 70), the Applicant filed a dispute against the Respondent, alleging non-compliance with their Settlement Agreement. The Settlement Agreement had three main terms, including a reimbursement payment, recording the payment in financial records, and providing approved meeting minutes. The Respondent failed to comply with the reimbursement payment timeline but was given additional time to record it in financial records. The Respondent also provided draft minutes instead of approved ones within the specified time frame. The Applicant was awarded their filing fees of $125, as the Respondent's failure to comply was proven. The case highlights the importance of adhering to the terms of Settlement Agreements in condominium disputes.

Verdict:

In Larocque v. Metropolitan Toronto Condominium Corporation No. 986 (2022 ONCAT 70), the Respondent failed to comply with a Settlement Agreement, leading to the Tribunal ordering the Respondent to pay the Applicant's filing fees, provide approved minutes of a board meeting, and record a payment properly. The case underscores the importance of adhering to the terms of Settlement Agreements, including meeting deadlines and accurately recording financial transactions, in condominium disputes. Compliance with the specific terms outlined in agreements is crucial to avoid further disputes and potential legal actions.

Takeaways:

Importance of Settlement Agreement Compliance: This case underscores the importance of parties in condominium disputes adhering to the terms of Settlement Agreements. Failure to comply with agreed terms can lead to further disputes and potential legal actions.

Timely Payments: The Respondent was found to have failed in making a reimbursement payment within the agreed-upon timeline. This highlights the significance of adhering to specified deadlines in such agreements.

Recording Payments Properly: It is crucial for parties to record payments as agreed in Settlement Agreements to ensure transparency and compliance. The case emphasizes the need for clear and timely financial record-keeping.

Meeting Minutes Compliance: Providing approved meeting minutes as agreed is essential in condominium disputes. Offering draft minutes instead of approved ones can be considered non-compliance with the terms of the Settlement Agreement.

Reimbursement of Filing Fees: Successful claimants in disputes can seek reimbursement of their filing fees, as permitted under applicable rules, when the other party fails to comply with the agreed terms.

Recommendations: 

Adherence to Settlement Agreement Terms: Ensure strict compliance with the terms of any settlement agreement, including adhering to specified timelines and accurately fulfilling financial obligations.

Proper Record Keeping: Maintain accurate and transparent financial records as agreed upon in settlement agreements, using clear and consistent language to describe financial transactions to avoid misunderstandings.

Timely Document Delivery: When settlement agreements stipulate the delivery of documents, strive to meet agreed-upon timelines to avoid potential disputes and ensure smooth relations between parties.

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