Christopher Hall

The applicant, a condominium unit owner, filed an application with the Condominium Authority Tribunal seeking to enforce a no-smoking rule against a neighbouring unit owner.

The Tribunal noted that the parties had previously litigated the same issue, resulting in prior Tribunal orders.

The Tribunal issued a Notice of Intent to Dismiss, finding that it lacked the legal authority to enforce its own orders and could not re-hear issues already decided.

The application was dismissed as an improper use of the Tribunal's process.

The applicant condominium corporation brought an application against the respondent owners and their tenants.

Prior to the hearing, the tenants vacated the premises, effectively resolving the underlying issues.

The parties agreed to a consent order whereby the owners would pay the condominium corporation's costs of $2,756.12, failing which the amount could be added to the common expenses of the unit and recovered via a condominium lien.

Upon payment, the applicant agreed to discontinue the application.

The Condominium Authority Tribunal issued the consent order on these terms.