Wellington Standard Condominium Corporation No. 280 v. Hira et al., 2023 ONCAT 191

CONDOMINIUM AUTHORITY TRIBUNAL

DATE: December 7, 2023
CASE: 2023-00456N

Citation: Wellington Standard Condominium Corporation No. 280 v. Hira et al., 2023 ONCAT 191

Order under section 1.47 of the Condominium Act, 1998.

Member: Anne Gottlieb, Member

The Applicant: Wellington Standard Condominium Corporation No. 280 Represented by Michelle Kelly, Counsel

The Respondents: Ranjit Hira Self-Represented

Sarabjit Singh Self-Represented

CONSENT ORDER

1This application was brought before the Condominium Authority Tribunal ("the Tribunal") regarding a noise complaint. The Respondent Mr. Hira is the owner of a unit within Wellington Standard Condominium Corporation No. 280 ("WSCC 280"). The Respondent, Sarabjit Singh, occupied the unit with his wife and with 2 children.

2During Stage 2 - Mediation ("Stage 2") all the Parties agreed to settle this case on the following terms:

1. On or before November 30, 2023, Sarabjit Singh and his family permanently vacate the unit and the premises.
2. On December 2, 2023, WSCC 280 will grant fob access to all the common areas and amenities to Mr. Hira.
3. On or before December 20, 2023, Mr. Hira will deliver payment in the amount of $1800, payable to WSCC 280, to Maple Ridge Community Management (an Associa Company) as a partial payment of costs. Each party will bear any, and all other costs that may be associated with this application.

3Under Rule 34.3 of the CAT's Rules of Practice, the CAT can close a case in Stage 2 - Mediation if the Parties agree to the CAT making a consent order that resolves the dispute.

4With 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

5The Tribunal makes the following order:

1. On or before November 30, 2023, Sarabjit Singh and his family permanently vacate the unit and the premises of WSCC 280.
2. On December 2, 2023, WSCC 280 will grant fob access to all the common areas and amenities to Mr. Hira.
3. On or before December 20, 2023, Mr. Hira will deliver payment of $1800, payable to WSCC 280, to Maple Ridge Community Management (an Associa Company) as a partial payment of costs. Each party will bear any, and all other costs that may be associated with this application.
4. This case is closed in Stage 2 - Mediation under Rule 34.3 of the CAT's Rules of Practice.

Anne Gottlieb

Member, Condominium Authority Tribunal