CONDOMINIUM AUTHORITY TRIBUNAL
DATE: March 30, 2023
CASE: 2023-00133SA
Order under section 1.47 of the Condominium Act, 1998.
Member: Dawn Wickett, Member
The Applicant: Jaime Garcia
Self-Represented
The Respondent: Peel Standard Condominium Corporation No. 857
Represented by Darryl Fulton, Agent
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.
A. THE PARTIES AGREE THAT
4On February 1, 2023, the parties entered into a settlement agreement (2022-00585R) in the Tribunal’s Stage 2—Mediation process. The settlement agreement is binding on the parties, and it states that, if a party fails to comply with the agreement, the other party can file a case with the CAT requesting an order.
5The Respondent breached condition 3 of the February 1, 2023, settlement agreement as they did not pay $75 to the Applicant within 30 days of the date of the settlement agreement.
6The Respondent agrees to pay $75, plus $5 for the cost of postage. This payment will be issued to the Applicant, by way of mail, no later than March 31, 2023.
7The Respondent agrees to reimburse the Applicant the cost ($125) of filing this application within 30 days of this order.
B. ON CONSENT OF THE PARTIES, IT IS ORDERED
8On or before March 31, 2023, the Respondent shall issue payment, by way of mail, to the Applicant in the amount of $80 ($75 and $5 for postage).
9No later than thirty (30) days of the date of this order, the Respondent shall pay to the Applicant, $125 for the cost of filing this application.
C. COMPLIANCE
10If 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.
Dawn Wickett
Member, Condominium Authority Tribunal
Released on: March 30, 2023