Matthew Varao

The applicant condominium owner filed a case alleging the respondent condominium corporation breached a settlement agreement regarding a records request.

The respondent acknowledged the breach, citing inadvertence during a change in property management.

The Tribunal ordered the respondent to comply with the settlement agreement and reimburse the applicant's $125 filing fee.

The Tribunal declined to order a penalty, finding it lacked jurisdiction to issue a penalty in a dispute solely about enforcing a settlement agreement.

The applicant unit owner brought a case before the Condominium Authority Tribunal alleging the respondent condominium corporation breached a settlement agreement from a previous dispute.

The agreement required the respondent to provide unaudited financial statements and a $25 cheque for filing fees.

The Tribunal found the respondent inadvertently breached the agreement by omitting pages from the financial statements, but held the payment of the $25 in cash rather than by cheque was a de minimis breach.

The Tribunal declined to award a penalty, finding it lacked jurisdiction to do so when enforcing a settlement agreement, and awarded the applicant partial costs of $75.