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Richard Teno v Essex Condominium Corporation No. 28 - 2018 ONCAT 15 - 2018-08-17

Corporation:

RTECC 28

Date:

2018-08-17

Summary:

In the matter of Richard Teno v Essex Condominium Corporation No. 28 (2018 ONCAT 15), a Consent Order was issued under section 1.47 of the Condominium Act, 1998. The application was settled through the Condominium Authority Tribunal's Stage 2 Mediation. The parties, including the Applicant and the Respondent, Essex Condominium Corporation No. 28, reached a resolution, satisfying the conditions of the settlement. Both parties consented to closing the file as no further actions were needed. The Tribunal ordered the closure of the file, indicating the full resolution of the case in Stage 2 Mediation, with no option for reopening.

Under:

CAT Decisions - Consent Order

Verdict:

In the case of Richard Teno v Essex Condominium Corporation No. 28, a Consent Order was reached through Stage 2 Mediation, settling the dispute. The parties, including the self-represented applicant and the condominium corporation, satisfied the conditions of the settlement, leading to the closure of the file and emphasizing the effectiveness of mediation in resolving condominium-related issues without the need for further actions.

Takeaways:

Mediation Resolution: The case involving Richard Teno and Essex Condominium Corporation No. 28 was settled through a Consent Order in the Condominium Authority Tribunal's Stage 2 Mediation, emphasizing the efficacy of mediation in reaching resolutions without the need for a formal hearing.

Satisfaction of Conditions: Both the applicant and the respondent, Essex Condominium Corporation No. 28, satisfied the conditions of the settlement known to them, leading to mutual consent for the closing of the file. This underscores the voluntary nature of the agreement and the commitment of both parties to its terms.

Finality of Resolution: The Consent Order specifies that the file be closed, indicating that the case has been fully resolved in Stage 2 Mediation. It further emphasizes that the application cannot be re-opened, providing a sense of finality to the resolution.

Efficiency in Tribunal Proceedings: The swift resolution through Stage 2 Mediation highlights the efficiency and effectiveness of the Condominium Authority Tribunal's procedures in addressing disputes and reaching agreements.

Recommendations: 

Promote the Benefits of Stage 2 Mediation:
Encourage condominium corporations and unit owners to consider Stage 2 Mediation as an effective and collaborative method for resolving disputes. Promote the benefits of mediation in terms of achieving mutually satisfactory outcomes, maintaining positive relationships, and avoiding the need for protracted legal proceedings. Providing information on the advantages of mediation may increase its utilization in the condominium community.

Facilitate Transparency in Settlement Conditions:
Emphasize the importance of transparency in settlement conditions during mediation processes. Encourage clear communication and understanding of the terms agreed upon by both parties. This can include providing guidance on how settlement conditions should be articulated and documented to avoid potential misunderstandings and ensure that all parties are fully aware of their commitments.

Enhance Education on Tribunal Closure Procedures:
Provide educational materials or resources to condominium stakeholders explaining the procedures and implications of closing a file with the Condominium Authority Tribunal (CAT). This may include information on the permanence of settlements reached and the inability to re-open closed cases. Improved understanding of the closure process can contribute to informed decision-making and promote accountability in the resolution of condominium-related disputes.

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