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Margaret Samuel v Metropolitan Toronto Condominium Corporation No. 979 - 2019 ONCAT 13 - 2019-02-11

Corporation:

MSMTCC 979

Date:

2019-02-11

Under:

CAT Decisions - Consent Order

Summary:

In the case of Margaret Samuel v Metropolitan Toronto Condominium Corporation No. 979 (2019 ONCAT 13), the applicant and the respondent, Metropolitan Toronto Condominium Corporation No. 979, have reached a Consent Order through the Condominium Authority's Tribunal online system. The order resolves their dispute without the need for a hearing. It was agreed that this case, Case 2018-00407R, and another case, Case 2018-00408R, pertained to the same issues. In the interest of efficiency, the two cases were merged. Metropolitan Toronto Condominium Corporation No. 979 was added as a Responding User in Case 2018-00408R, with both cases requiring the same representative to participate through to the closure of Case 2018-00408R. The order stipulated that non-compliance with its terms could lead to enforcement through the Ontario Superior Court of Justice.

Verdict:

In the case of Margaret Samuel v Metropolitan Toronto Condominium Corporation No. 979, a Consent Order was issued, highlighting the effectiveness of online dispute resolution. The parties voluntarily settled their dispute without a formal hearing, recognizing the importance of efficiency by merging two similar cases into one. The Consent Order also emphasized that failure to comply with its terms could lead to enforcement through the Ontario Superior Court of Justice, underscoring the significance of upholding such agreements.




Takeaways:

Settlement via Consent Order: the applicant and Metropolitan Toronto Condominium Corporation No. 979 settled their dispute through a Consent Order without the need for a formal hearing.

Efficient Resolution: To increase efficiency, it was recognized that two separate cases, 2018-00407R and 2018-00408R, involved similar issues. As a result, these cases were merged.

Case Closure: Metropolitan Toronto Condominium Corporation No. 979 agreed to be added as a Responding User in Case 2018-00408R, and Case 2018-00407R was closed.

Shared Representation: Both Metropolitan Toronto Condominium Corporation No. 979 and Metropolitan Toronto Condominium Corporation No. 989 acknowledged that they needed the same representative to participate in the Condominium Authority Tribunal Online Dispute Resolution (CAT-ODR) platform until the closure of Case 2018-00408R.

Enforcement: The Consent Order stipulated that any non-compliance with its terms could be enforced through the Ontario Superior Court of Justice if necessary.

Recommendations: 

Parties involved in similar condominium disputes should consider utilizing online dispute resolution platforms and actively seek opportunities for voluntary settlements to expedite the resolution process and reduce the burden on the formal legal system.

In cases with overlapping issues, parties should explore the possibility of merging their cases to improve efficiency and streamline proceedings. This can help prevent duplication of efforts and resources.

When entering into a Consent Order, both parties should ensure full compliance with the agreed-upon terms to avoid potential enforcement actions through the appropriate legal channels. It's essential to uphold the integrity of such agreements.

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