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Olakemi Sobohemin v Toronto Standard Condominium Corporation No. 2600 - 2020 ONCAT 6 - 2020-02-27

Corporation:

OSTSCC 2600

Date:

2020-02-27

Under:

CAT Decisions - Consent Order
Access to Records
Fees, Costs, Penalties

Summary:

In the case of Olakemi Sobomehin v. Toronto Standard Condominium Corporation No. 2600, a Consent Order was issued on February 27, 2020. The parties, the applicant and Toronto Standard Condominium Corporation No. 2600, agreed to resolve the case without a hearing. The terms of the agreement included the provision of requested documents to the applicant with appropriate redactions, a payment of $400 by the Condominium to the applicant, and a full resolution in Stage 2 Mediation. The Consent Order specifies that the case cannot be reopened, and any non-compliance can be enforced through the Ontario Superior Court of Justice.

Verdict:

In the case of Olakemi Sobohemin v. Toronto Standard Condominium Corporation No. 2600, a Consent Order was issued, signifying that both parties reached an agreement without the need for a formal hearing. The order confirmed access to requested documents, included a financial settlement, and emphasized the finality of the resolution in Stage 2 Mediation. Importantly, it underscored the legal enforceability of the Consent Order through the Ontario Superior Court of Justice in case of non-compliance. This highlights the effectiveness of Consent Orders in efficiently resolving condominium disputes and the legal consequences of failing to adhere to agreed terms.




Takeaways:

Consent Order Resolution: The case was resolved through a Consent Order, signifying that both the applicant and the condominium corporation agreed to terms without the need for a formal hearing. This approach can save time and resources.

Access to Records: The dispute centered on access to requested documents. The Consent Order confirms that the documents were provided to the applicant with redactions to protect other parties' information.

Financial Settlement: The condominium corporation agreed to pay the applicant $400 within 30 days of the Consent Order. Financial settlements are common in resolving condominium disputes.

Finality in Stage 2 Mediation: The case was fully resolved in Stage 2 Mediation, and the Consent Order emphasizes that the application cannot be reopened. This underscores the importance of adhering to the terms of the agreement.

Enforcement through Legal Channels: The Consent Order specifies that non-compliance with its terms can be enforced through the Ontario Superior Court of Justice, highlighting the legal consequences of failing to meet the agreed-upon conditions.

Recommendations: 

Document and Redaction Clarity: Ensure that documents requested during condominium disputes are provided clearly and that any redactions are made explicitly to protect sensitive information while allowing for transparency.

Timely Settlement: Encourage timely settlements in condominium disputes to reduce costs, save time, and avoid the need for formal hearings. In this case, both parties agreed on a resolution without a hearing.

Legal Enforcement Mechanisms: Include clauses in Consent Orders that specify legal consequences in case of non-compliance, reinforcing the enforceability of agreements reached and the importance of adhering to agreed-upon terms.




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