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York Condominium Corporation No. 228 v. G. R. - 2023 ONCAT 69 - 2023-05-18

Corporation:

YCC 228

Date:

2023-05-18

Under:

CAT Decisions - Consent Order
Odour

Summary:

It involves a dispute between York Condominium Corporation No. 228 (YCC 228), the applicant and the respondent. The case was heard by the Condominium Authority Tribunal (CAT). The parties have reached a settlement in Stage 2 - Mediation, and a consent order has been issued to resolve the dispute. The consent order outlines the terms and conditions that both parties have agreed to, including the respondent's compliance with the Condominium Act 1998 and YCC 228's declaration, by-laws, and rules to prevent unreasonable odours from emanating from her unit. The order also addresses the complaint process for future odour-related issues, the waiver of costs by the applicant, and the confidentiality of the respondent's identity.

Verdict:

Verdict and Lesson:

In York Condominium Corporation No. 228 v. G. R., the case was settled through a Consent Order in Stage 2 - Mediation. The Consent Order outlines that G.R. will comply with the Condominium Act and take measures to prevent unreasonable odours from her unit, while the Applicant agrees not to seek any cost recovery for the application. This case demonstrates the importance of reaching amicable settlements through consent orders in order to resolve condominium disputes efficiently and to protect personal information when necessary.

Takeaways:

Key Takeaways:

Consent Order Resolution: The case was settled through a Consent Order in Stage 2 - Mediation. This reflects a cooperative approach where both parties agreed to resolve the dispute, which can often save time and resources.

Compliance with Condominium Regulations: The Respondent agreed to comply with the Condominium Act, 1998, and the Applicant's Declaration, By-laws, and Rules. This highlights the importance of adhering to condominium regulations to maintain harmonious living conditions.

Odour Complaint Resolution: The order specifically addressed the issue of unreasonable odours emanating from the Respondent's unit, indicating that condominium authorities can intervene to ensure a pleasant living environment for all residents.

Cost Waiver: The Applicant agreed not to seek any cost recovery for the application, demonstrating a willingness to compromise and avoid unnecessary financial burdens.

Confidentiality: Both parties agreed to keep the Respondent's identity confidential to protect her personal information and dignity, showing sensitivity to privacy concerns.

Enforcement through Court: The order emphasizes that non-compliance with its terms can be enforced through the Ontario Superior Court of Justice, underlining the legal consequences of not adhering to the agreement.

Recommendations: 

Mediation and Consent Orders: Parties involved in condominium disputes should consider the option of mediation as a means of resolving conflicts. The Consent Order in this case demonstrates that mediation can lead to mutually acceptable resolutions. Engaging in constructive discussions and negotiations can help avoid protracted legal proceedings and foster cooperation between condominium corporations and unit owners.

Clear Compliance Terms: When entering into a consent order, it's essential to clearly outline the terms and conditions of compliance, as shown in this case. Both parties should have a clear understanding of their responsibilities, including any specific actions or behaviors required to resolve the dispute. Clarity in the consent order helps prevent misunderstandings and future conflicts.

Confidentiality and Privacy Considerations: Parties should consider privacy and confidentiality concerns when settling condominium disputes. In this case, the parties agreed to keep the respondent's identity confidential to protect her personal information and dignity. This approach may be suitable in cases where privacy is a concern. Condominium corporations should be sensitive to such issues and ensure that residents' privacy rights are respected.

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