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Toronto Standard Condominium Corporation No. 2823 v. Lewis et al. - 2023 ONCAT 1 - 2023-01-03

Corporation:

TSCC 2823

Date:

2023-01-03

Under:

CAT Decisions - Consent Order
Noise
Pets and Animals

Summary:

In the case of "Toronto Standard Condominium Corporation No. 2823 v. Lewis et al.," the Toronto Standard Condominium Corporation (TSCC) sought a resolution to complaints regarding noisy dogs in a condominium unit. The respondents reached a Consent Order to settle the matter. According to the terms of the Consent Order, one of the respondent agreed to vacate the unit by January 31, 2023, or ensure her dogs are no longer in the unit by that date, if moving out earlier. TSCC 2823 agreed to absorb all legal or other costs related to the application. The Tribunal issued this order, effectively closing the file, and compliance would be enforced through the Ontario Superior Court of Justice if any party failed to adhere to the terms.

Verdict:

Quick Verdict/Lesson: In the case of "Toronto Standard Condominium Corporation No. 2823 v. Lewis et al.," the parties reached a Consent Order to resolve a dispute related to noise complaints caused by dogs in a condominium unit. The order specifies that the tenant must vacate the unit by January 31, 2023, or ensure the dogs are no longer in the unit by that date, with the condominium corporation absorbing legal costs. This case highlights the importance of addressing noise concerns in condominiums through cooperation and mutually agreed-upon resolutions. When drafting Consent Orders, it's essential to include clear terms for compliance, as failure to adhere to the order can lead to enforcement through the legal system.

Takeaways:

Key Takeaways:

Noise complaints in a condominium setting can lead to disputes and legal actions.
Consent Orders can provide a mutually agreed-upon resolution to condominium disputes.
Resolving such disputes may involve arrangements for tenants or owners to address the issue.
Legal or associated costs may be covered by the condominium corporation, as agreed upon in the Consent Order.
Failure to comply with the order could lead to enforcement through the court system.

Recommendations: 

Recommendations:

Condominium corporations and residents should seek amicable solutions to disputes, as demonstrated by the Consent Order in this case.
When dealing with noisy pet-related conflicts, consider mutually beneficial resolutions, such as rehoming or adjusting living arrangements.
Ensure that Consent Orders clearly outline terms and consequences for non-compliance to avoid potential legal actions.

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