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Toronto Standard Condominium Corporation No. 2630 v. Fernandes - 2022 ONCAT 94 - 2022-08-30

Corporation:

TSCC 2630

Date:

2022-08-30

Under:

CAT Decisions - Decision
Indemnification or Compensation
Noise
Odour
Other Type of Nuisance, Annoyance or Disruption
Parking and Storage
Smoke and/or vapour

Summary:

The case of Toronto Standard Condominium Corporation No 2630 v Fernandes was heard by the Condominium Authority Tribunal. The application was filed by TSCC 2630 against unit owner for various violations including breach of by-laws, rules, and declarations related to parking, storage, noise, odor, smoke, and other nuisances. The respondent did not participate in the case, so it proceeded as a default proceeding. The tribunal found the respondent in violation of the governing documents and ordered him to comply immediately, pay indemnification fees of $565 to TSCC 2630, and pay the tribunal fees and costs.

Verdict:

Verdict:
The case Toronto Standard Condominium Corporation No 2630 v Fernandes was heard before the Condominium Authority Tribunal in Ontario. Toronto Standard Condominium Corporation No 2630 filed an application against the respondent for the violation of various rules and declarations regarding parking, storage, noise, odor, smoke, and other nuisances. Fernandes did not join the case, and it proceeded as a default proceeding. The tribunal found the respondent in violation of several provisions of TSCC 2630's governing documents and ordered him to comply immediately, pay indemnification fees of $565 to TSCC 2630, and pay the tribunal fees and costs.

Lesson:
The case highlights the importance of compliance with the governing documents of a condominium and the consequences of non-compliance. It also emphasizes the significance of participation in legal proceedings and the potential ramifications of failing to do so.

Takeaways:

Non-participation can have consequences: In this case, the unit owner did not join the proceedings, resulting in a default proceeding and a decision based solely on evidence and submissions from TSCC 2630.
Compliance is crucial: The tribunal emphasized the duty of TSCC 2630 to ensure compliance with its rules and the duty of the respondent to comply with the governing documents of the condominium. Violations of parking, storage, noise, odor, and other nuisance-related regulations were identified.
Legal and financial consequences: As a result of the violations, the tribunal ordered the respondent to comply immediately with the governing documents, pay indemnification fees to TSCC 2630, and cover tribunal fees and costs. This highlights the potential legal and financial ramifications of non-compliance with condominium regulations.

Recommendations: 

Recommendations:

Stay aware of your condominium's governing documents, rules, and by-laws: it is essential to understand the regulations surrounding parking, storage, noise, and other nuisances to avoid any violations.

Participate in legal proceedings: Non-participation in legal proceedings may lead to a default proceeding and result in a decision based solely on evidence submitted by the other party.

Comply immediately with governing documents: Failure to comply with governing documents could result in legal and financial consequences such as tribunal fees, fines, and indemnification fees. Therefore, it is essential to comply and take appropriate steps to address any violations.

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