Condominium Authority Tribunal
Date: August 9, 2023
Case: 2022-00065N
Citation: Lorenzon v. Toronto Standard Condominium Corporation No. 2181, 2023 ONCAT 109
Order under section 1.47 of the Condominium Act, 1998.
Member: Nicole Aylwin, Member
The Applicant: Andrea Lorenzon
Represented by Shawn Pulver, Counsel
The Respondent: Toronto Standard Condominium Corporation No. 2181
Represented by Natalia Polis, Counsel
CONSENT ORDER
1The Applicant, Andrea Lorenzon, brought this case to the Tribunal to address what she maintains is an unreasonable noise emanating from the elevators in the Respondent, Toronto Standard Condominium Corporation No. 2181. Upon the filing of the application, the Applicant claimed that the elevator noise she experiences constituted a nuisance, annoyance or disputation contrary to s. 117(2)(a) of the Condominium Act, 1998 and the rules and regulations of the Respondent. The Respondent disputes these claims.
2This case advanced to Stage 3 – Tribunal Decision on November 30, 2022. However, I make no finding on the merits of the case and make no order regarding costs as both the Applicant and Respondent have consented to the Tribunal closing this case upon the issuing of this Consent Order.
3Under 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.
4With 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.
5The Applicant and the Respondent acknowledge that with issuance of this Consent Order, the case before the Tribunal will be closed.
ORDER
6This case is dismissed on a without prejudice basis on the grounds that it does not fall within the jurisdiction of the Tribunal.
7The issue of costs can be pursued by either of the parties in any further proceeding that may be pursued outside of Tribunal.
COMPLIANCE
8If 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
Member, Condominium Authority Tribunal
Released on: August 9, 2023