Another Helpful CAT Decision Respecting Costs

In a case where a condominium corporation brought an application to enforce the no smoking rule against one of its residents, the parties settled the matter at Stage 2 mediation. However, the question of costs was not resolved. The CAT ordered the resident to pay “Pre-CAT” costs of $2,500 and “In-CAT” costs of $2,275. The CAT is showing an increased willingness to award “In-CAT” costs in appropriate cases, particularly where there is a clear violation that continues after warning(s) from the condominium corporation. A strong indemnification provision in the governing documents remains an important factor.