Bylaw No.4 - Toronto Standard Condominium Corporation 1431
Mediation/Arbitration Procedure By-Law
The text below describes by-law #4 in general terms; for a complete draft of this by-law contact management.
This law applies when there's a disagreement or dispute between the Corporation and one or more unit owners.
How does it work?
Mediation of the Dispute
When a disagreement arises between the Corporation and one or more unit owners either party may give the other party a document called "Notice of Mediation" (can be obtained from the management office) which will describe the disagreement and why the initiating party requested the mediation.
The initiator will select a mediator (a negotiator who acts as a link between parties) from a list of at least 5 that the corporation keeps on file.
The mediators on the list to choose from:
- Must be at least 18 years old
- Must not be related to any member of the board of directors
- Must not be an owner or tenant of a unit within the building
- Must have the training and/or qualifications, as determined by the board of directors and, may be replaced at any time by the board of directors in its sole and absolute discretion.
The mediator's function is to try to get the parties to settle their dispute.
The mediation shall be held within 30 days of The date of the service of the Notice of Mediation, but in emergency cases, where safety or other issues which threaten the safety of persons or property are involved, the mediation may be at the earliest possible moment.
Who pays for the mediator?
The mediators fees for assisting the parties with the mediation of the disagreement will be split equally between the parties, unless a settlement agreement between the parties, or the mediator specifies otherwise.
An initial deposit of $350 is required of both sides. This money will be held in trust by the corporation and applied against the mediator's fees.
What if the parties can't settle their dispute?
If the mediator determines that a settlement between the disputing parties is not available, then any disagreement or statement of issues between the parties shall be considered by the arbitrator (Someone chosen to judge and decide a disputed issue).
Attempts to help the parties to come to an agreement
Decides based on his judgement of the case
The disputes and disagreements which are not resolved by mediation shall proceed to arbitration on the earlier of:
- 60 days after the Initiating Party submitted the Notice of Mediation, if the parties have not selected a mediator within that time period; or,
- 30 days following the delivery of notice from the mediator indicating that the mediation has failed.
Now that the MEDIATION failed a similar process starts to go ahead with ARBITRATION.
Arbitration of the Dispute
When mediation fails either party may give the other party a document called "Notice of Arbitration" (can be obtained from the management office) which will describe the disagreement and why the initiating party requested the arbitration.
The initiator will select an arbitrator from a list of at least 5 that the corporation keeps on file.
Who pays for the arbitrator?
The arbitrator's fees for assisting the parties with the disagreement, and other associated costs, such as but not limited to court reporter's fees, shall be split equally between the parties, unless otherwise agreed, but the Corporation shall be primarily responsible for paying the arbitrator's account. The other party or parties, regardless of whether an owner or a tenant, shall reimburse the Corporation within seven days of a written request for reimbursement.
At the arbitration hearing, any fact in dispute in the Issue Statement and/or Response Statement shall be determined by the arbitrator according to oral testimony and/or documentary evidence.
The arbitrator shall, after hearing any evidence and representations that the parties may submit, make his/her decision and put it in writing as quickly as possible but in any event, no later than 30 days after the completion of the hearing, and deliver one copy to each of the parties.