Mishibinijima v. Simcoe Condominium Corporation No. 60 et al., 2023 ONCAT 151

CONDOMINIUM AUTHORITY TRIBUNAL

DATE: October 19, 2023 CASE: 2023-00142N

Citation: Mishibinijima v. Simcoe Condominium Corporation No. 60 et al., 2023 ONCAT 151

Order under section 1.47 of the Condominium Act, 1998.

Member: Jennifer Webster, Member

The Applicant, Steve Mishibinijima Self-Represented

The Respondent, Simcoe Condominium Corporation No. 60

Represented by Sonja Hodis, Counsel

Cynthia Norman

Self-Represented

The Intervenor, Christine Sapsford

Self-Represented

CONSENT ORDER

1In the Condominium Authority Tribunal’s (CAT) online dispute resolution system, the Parties agreed to settle this case in Stage 3 - Tribunal Decision.

2Under Rule 43.1 of the CAT’s Rules of Practice, the CAT can close a case in Stage 3 - Tribunal Decision if the Parties agree to the CAT making a consent order that resolves the dispute.

3With the consent of the Parties, the CAT orders that this case has been resolved, based upon the terms and conditions set out in this consent order.

ORDER

4The Tribunal makes the following Order:

1. The Parties are no longer required to comply with paragraph 12, section 4 of the Motion Order dated October 16, 2023.

2. SCC60 shall retain Michael Colalillo, P. Eng., from Aspire Engineering to complete his investigation which he started for the Applicant in October 2022 in relation to the noise complaints raised by the Applicant and SCC60 shall pay the costs associated with Mr. Colalilio re-attending the property and preparing a follow-up report;

3. The Applicant shall provide access to his unit for the purpose of this investigation;

4. Christine Sapsford shall provide access to her unit for the purpose of this investigation;

5. All parties shall cooperate with Mr. Colalillo in his investigation, provide any information or documents requested by his provided the information is within the party’s knowledge and /or the documentation is within their possession. No party shall interfere with his investigation

6. A copy of Michael Colalillo’s report shall be provided to all parties that have provided the property manager for SCC60 with the email address that they wish the report to be sent to

7. There will no order for costs in this Application

COMPLIANCE

5If any of the Parties fails to comply with any of the terms of this order, it may be enforced through the Ontario Superior Court of Justice.

Jennifer Webster

Member, Condominium Authority Tribunal