Condominium Authority Tribunal
Date: March 1, 2024
Case: 2023-00443N
Order under section 1.47 of the Condominium Act, 1998.
Member: Nasser Chahbar, Member
The Applicant: Seyed-Shahin Seyed-Harraf (Self-represented)
The Respondent: Toronto Standard Condominium Corporation No. 1466 (Represented by Ahmad Asadi, Agent)
Consent Order
1In the Condominium Authority Tribunal’s (“CAT”) online dispute resolution system, the Parties agreed to settle this case in Stage 2 – Mediation.
2Under 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.
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 Parties agree to the following terms:
The Respondent agrees to install two (2) compressor blankets around the HVAC units to help alleviate the noise issues. One blanket will be installed around the unit in the games room and another blanket around the unit in the party room.
The Respondent agrees that both HVAC units in the games room and party room will shut off every night at 8:00 p.m. until 10:00 a.m. the following day.
The Respondent agrees that the party room and the games room temperatures will remain locked at 15 degrees Celsius from November to the end of April. From May to the end of October, the temperatures will remain locked at 26 degrees Celsius. All Parties acknowledge and agree that these temperatures can be temporarily changed to suit the needs of unit owners who have rented out the party or games rooms for any given event. The Parties also acknowledge and agree that security personnel or other staff may temporarily change the temperatures during the day to accommodate their needs during lunch breaks or short meetings.
The Respondent agrees to place a copy of these instructions to any staff/security personnel so as to remain informed and abide by these conditions at all times.
All costs and expenses incurred in connection with or arising from this application shall be paid by the Party incurring such costs and expenses.
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.
Nasser Chahbar
Member, Condominium Authority Tribunal
Released on: March 1, 2024