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Seyed-Harraf v. Toronto Standard Condominium Corporation No. 1466 - 2024 ONCAT 30 - 2024-03-01

Corporation:

STSCC 1466

Date:

Fri Mar 01 2024 05:00:00 GMT+0000 (Coordinated Universal Time)

Summary:

In Seyed-Harraf v. Toronto Standard Condominium Corporation No. 1466, the Parties agreed to settle the dispute through Stage 2 - Mediation in the Condominium Authority Tribunal's (CAT) online dispute resolution system. The consent order outlines the terms agreed upon by both parties to resolve the issues related to noise, nuisance, and vibration. The respondent agrees to take specific measures to address the noise issues caused by HVAC units in the games room and party room, including installing compressor blankets and implementing specific operating hours and temperature settings. Both parties agree to bear their own costs and expenses incurred in connection with the application. Failure to comply with the terms of the order may result in enforcement through the Ontario Superior Court of Justice.

Under:

CAT Decisions - Consent Order
Noise
Other Type of Nuisance, Annoyance or Disruption
Vibration

Verdict:

In condominium disputes, parties can resolve issues through mediation, agreeing on specific measures to address concerns such as noise and nuisance. It's essential for both parties to adhere to the terms of the consent order, as non-compliance may lead to legal enforcement.

Takeaways:

Mediation in dispute resolution: Parties in condominium disputes can opt for mediation in the CAT's online dispute resolution system to settle issues amicably.
Consent order terms: Specific measures, such as installing compressor blankets, setting operating hours for HVAC units, and regulating temperature settings, can be agreed upon to address noise and nuisance issues.
Cost allocation: Parties are responsible for their own costs and expenses incurred in connection with the application.
Enforcement: Failure to comply with the terms of the consent order may lead to enforcement through the Ontario Superior Court of Justice.

Recommendations: 

Effective communication: Clearly communicate concerns and proposed solutions during mediation sessions.
Document agreements: Ensure that all agreed-upon terms are documented in a consent order for future reference.
Compliance: Adhere to the terms of the consent order to avoid potential legal consequences.




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