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Condominium Authority Tribunal Application Checklist:
Compliance with Settlement Agreements

Welcome to the Condominium Authority Tribunal’s (CAT) Application Checklist for Compliance with Settlement Agreements. This checklist was developed by the CAT to help Applicants file their applications.

 

Please select valid answers before proceding.

1. Have you read the information on enforcing settlement agreements found on the CAO’s Guided Steps to Common Issues page?

If you have not yet read the information available on the CAO’s Guided Steps to Common Issues, you should read it before you file an application with the CAT.

If you have not yet read the information available on the CAO’s Guided Steps to Common Issues, you should read it before you file an application with the CAT.

The CAO’s Guided Steps to Common Issues contain important information that all Applicants should know.

2. Do you have a Settlement Agreement from a previous CAT case?

If you did not reach a Settlement Agreement during a previous CAT case, you are unable to file this type of application.

If you were involved in a previous CAT case, you may have resolved your case by agreeing to a Settlement Agreement. A Settlement Agreement is like a contract that the Users of a CAT case have agreed to follow. Settlement agreements are different from both Consent Orders and Decisions.

If you have a Settlement Agreement, it was likely created in one of three ways:

  1. All parties agreed to a Settlement Agreement in Stage 1 – Negotiation
  2. All parties agreed to a Settlement Agreement in Stage 2 – Mediation or Stage 3 – Tribunal Decision and worked with the CAT Mediator / Member to create a Settlement Agreement.
  3. You and the other party agreed to a Settlement Agreement outside the CAT-ODR system.

3. Did one or more of the other Users not comply with the terms of the settlement agreement?

If no one has contravened the Settlement Agreement, you cannot file an application with the CAT.

Under section 1.47 of the Condominium Act, 1998, if you believe that one or more other Users have not complied with your settlement agreement, you can file an application with the CAT for an order requiring them to comply.

All parties are required to comply with all the terms of the Settlement Agreement.

Here are a few examples of common compliance issues:

  • A party was required to do something within 30 days, but they haven’t done it.
  • A party was required to stop doing something but has not stopped.

Before you file this application, you should review your Settlement Agreement and clearly identify the parts that have not been complied with.

If you are still unsure whether your application deals with a Settlement Agreement, please contact the CAO.

4. Did the non-compliance issue occur within the previous six months?

If the non-compliance occurred more than six months ago, you may not be able to file this application.

Generally speaking, the CAT can only accept applications about compliance with a Settlement Agreement if the non-compliance occurred within the last six months. This is because of section 1.47 of the Condominium Act, 1998.

The CAT may grant an extension if your issue occurred more than six months ago. A CAT Member will decide whether to grant an extension once you file your application.

Extensions are not guaranteed. If the CAT does not grant you an extension, your $25 application filing fee will not be refunded.

5. Have you identified the right Respondent(s)?

You must identify the Respondent(s) to file an application with the CAT.

When you file your application, you will be required to identify who you are filing against (i.e., the Respondent(s)).

Once you file your application with the CAT, the Respondent(s) are required to join the case and respond to the issues you have raised. Once they join the case, they can explain their side of the dispute. If they do not join or participate in the case, the CAT may make an order without their involvement.

For this type of application, the Respondent(s) are the parties that have not complied with the Settlement Agreement. If more than one party has failed to comply, you can identify them all as Respondents.

For each Respondent that you identify, you must provide that Respondent’s name and address.

If you do not have any of the Respondent’s information, you can access it by:

  • Logging into the CAO Website
  • Logging into the CAT-ODR system
  • Opening the CAT case for which you made the Settlement Agreement
  • Clicking on the “Case Summary” tab

You will see the other parties’ information listed on the Case Summary tab.

CAT

Have a Question?
If you have a question about any of the information you’ve read, please contact us. We have a team available to answer any questions you may have.

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