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Toronto Standard Condominium Corporation No. 2078 v. Quinlan - 2022 ONCAT 53 - 2022-05-19

Corporation:

TSCC 2078

Date:

2022-05-19

Under:

CAT Decisions - Consent Order
Compliance with Governing Documents
Odour
Other Type of Nuisance, Annoyance or Disruption

Summary:

In the case of Toronto Standard Condominium Corporation No. 2078 v. Quinlan, a Consent Order was issued to settle the dispute between the condominium corporation and the respondent. The dispute revolved around issues related to compliance with governing documents, odors, and other forms of nuisance or annoyance. As per the Consent Order, the respondent agreed to retain professional cleaning services to perform deep cleaning of his residential unit on a twice-weekly basis. The order also emphasized the respondent's obligation to maintain the unit's cleanliness to prevent odors and pests, as per the Condominium Act and the declaration. Additionally, it allowed the condominium corporation to enter the unit for inspections and take remedial actions if necessary, with the costs to be borne by the respondent. Non-compliance could lead to enforcement through legal means.

Verdict:

In this case, the Parties reached a Consent Order to resolve issues related to compliance with condominium governing documents, particularly regarding cleanliness and odors emanating from the unit. The order mandates the Respondent to engage cleaning services, allows inspections by the Applicant, and outlines procedures for remediation and cost allocation. The lesson here underscores the importance of reaching mutually agreed-upon solutions in condominium disputes, emphasizing compliance with governing documents and providing a legal mechanism for enforcement if necessary.

Takeaways:

Consent Order Resolution: The case between Toronto Standard Condominium Corporation No. 2078 and the respondent was resolved through a Consent Order, demonstrating the Parties' willingness to settle the dispute without a formal hearing.

Cleaning Obligations: The Respondent agreed to retain professional cleaning services for his residential unit on a twice-weekly basis to maintain a reasonable level of cleanliness, preventing odors and pests as mandated by the Condominium Act and the Declaration.

Inspection Rights: The Applicant, the condominium corporation, retained the right to inspect the unit for compliance with the Act and the Declaration, provided reasonable notice was given or in the case of an emergency.

Remediation and Costs: In the event of inadequate maintenance, the Applicant could coordinate with the Cleaner to perform necessary remediation at the Respondent's expense. Costs incurred for remediation could be invoiced to the Respondent or paid by the Applicant, adding the expenses to the common fees owed by the Respondent.

Enforcement Measures: The Consent Order stipulated that non-compliance with its terms could be enforced through the Ontario Superior Court of Justice, providing a legal recourse for ensuring adherence to the agreement.

Recommendations: 

Early Mediation and Resolution: Encourage parties in condominium disputes to consider early mediation as a means to resolve issues. In this case, the Consent Order was reached through mediation, avoiding a formal hearing and lengthy legal proceedings.

Clarity in Governing Documents: Ensure that condominium governing documents, such as declarations and bylaws, are clear and specific in outlining the responsibilities of unit owners, especially in terms of maintenance, cleanliness, and the prevention of nuisances. This clarity can help prevent disputes.

Enforcement Mechanisms: Condominium authorities and unit owners should be aware of the enforcement mechanisms available under the Condominium Act, as demonstrated in this case. Knowing how to enforce compliance with governing documents can facilitate the resolution of disputes and ensure that all parties adhere to their obligations.

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