CONDOMINIUM AUTHORITY TRIBUNAL
DATE: March 30, 2023
CASE: 2023-00133SA
Citation: Garcia v. Peel Standard Condominium Corporation No. 857. 2023 ONCAT 51
Order under section 1.47 of the Condominium Act, 1998.
Member: Dawn Wickett, Member
The Applicant,
Jaime Garcia
Self-Represented
The Respondent,
Peel Standard Condominium Corporation No. 857
Represented by Darryl Fulton, Agent
CONSENT ORDER
[1] In the Condominium Authority Tribunal’s (CAT) online dispute resolution system, the Parties agreed to settle this case in Stage 3 - Tribunal Decision.
[2] Under 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.
[3] With 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.
A. THE PARTIES AGREE THAT
[4] On February 1, 2023, the parties entered into a settlement agreement (2022-00585R) in the Tribunal’s Stage 2—Mediation process. The settlement agreement is binding on the parties, and it states that, if a party fails to comply with the agreement, the other party can file a case with the CAT requesting an order.
[5] The Respondent breached condition 3 of the February 1, 2023, settlement agreement as they did not pay $75 to the Applicant within 30 days of the date of the settlement agreement.
[6] The Respondent agrees to pay $75, plus $5 for the cost of postage. This payment will be issued to the Applicant, by way of mail, no later than March 31, 2023.
[7] The Respondent agrees to reimburse the Applicant the cost ($125) of filing this application within 30 days of this order.
B. ON CONSENT OF THE PARTIES, IT IS ORDERED
[8] On or before March 31, 2023, the Respondent shall issue payment, by way of mail, to the Applicant in the amount of $80 ($75 and $5 for postage).
[9] No later than thirty (30) days of the date of this order, the Respondent shall pay to the Applicant, $125 for the cost of filing this application.
C. COMPLIANCE
[10] If 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.
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Dawn Wickett |
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Member, Condominium Authority Tribunal |
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Released on: March 30, 2023