Condominium Authority Tribunal
Date: August 28, 2025 Case: 2025-00238N Citation: Kelishadi v. Toronto Standard Condominium Corporation No. 2143, Rabibaro, 2025 ONCAT 147
Order under section 1.47 of the Condominium Act, 1998.
Member: Nicole Aylwin, Vice-Chair
The Applicant: Atefeh Zare Kelishadi (Self-Represented)
The Respondents: Toronto Standard Condominium Corporation No. 2143 (Represented by Justin McLarty, Counsel) Dana Rabibaro (Not participating)
Consent Order
1The Applicant, Atefeh Zare Kelishadi and the Respondent, Toronto Standard Condominium Corporation No. 2143 (“Respondent TSCC 2143”) have agreed to settle the issues between them in Stage 3 - Tribunal Decision and close this case.
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 Applicant and the Respondent TSCC 2143, the CAT orders that the case between them has been resolved, based upon the terms and conditions set out in this Consent Order.
4Regarding the Applicant’s claims against the unit owner, Dana Rabibaro. The Applicant agrees to withdraw the case against Ms. Rabibaro without prejudice. In doing so, the case is resolved in full.
Order
5The Respondent shall provide the Applicant with a written summary of the enforcement steps that it has taken to enforce its no smoking rule. The summary will cover enforcement steps taken from January 1, 2022, to the date of this Consent Order. It will include specific dates, description of the action taken and any outcomes. This summary will be provided within 14 days of the date of this Consent Order.
6The Respondent agrees to file a Tribunal application against Dana Rabibaro (and any other required parties – including any occupants or co-owners) alleging non-compliance with its no-smoking rules (and any other relevant provisions of the Condominium Act, 1998 and/or provisions in its governing documents) with this Tribunal. The application shall be filed no later than September 30, 2025.
7Once the Tribunal application is filed, the Respondent agrees to provide the Applicant with further updates on its enforcement actions. These updates will be monthly and continue until such time as any Tribunal proceedings addressing the issue of non-compliance with the no-smoking rule are concluded. The Respondent agrees to begin providing monthly updates as of October 1, 2025.
8These updates will include the status (e.g. active, concluded, etc.) of the Tribunal application against the unit owner(s) (and any other named parties). The updates will also include a notification of if/when the Tribunal process moves from one “stage” of the Tribunal process to another (e.g. from Stage 1 – Negotiation to Stage 2 – Mediation; Stage 2 – Mediation to Stage 3 – Adjudication).
9The parties agree that no update will include information that is confidential to Tribunal process or any other information that is private and confidential.
10The Respondent also agrees to share with the Applicant any public orders made by the Tribunal at the end of the Tribunal process. In the event that the Tribunal process ends with a Settlement Agreement, the parties agree that the Respondent may report that the case has concluded with a settlement, however the Respondent may not be able to share the details of that agreement due to confidentiality.
11The Applicant agrees that her application against Dana Rabibaro is withdrawn without prejudice to file a new case against Ms. Rabibaro (and any other unit owner(s) or occupant(s) of the unit) in the event the issues continue beyond the date of this consent order.
Compliance
12If 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.
Nicole Aylwin Vice-Chair, Condominium Authority Tribunal
Released on: August 28, 2025