Background Image
Previous Page  92 / 118 Next Page
Information
Show Menu
Previous Page 92 / 118 Next Page
Page Background

1998, c. 19, s. 132 (4).

Duty of mediator

(5)

A mediator appointed under clause (1) (a) shall confer with the parties and endeavour

to obtain a settlement with respect to the disagreement submitted to mediation. 1998, c. 19,

s. 132 (5).

Fees and expenses

(6)

Each party shall pay the share of the mediator’s fees and expenses that,

(a) the settlement specifies, if a settlement is obtained; or

(b) the mediator specifies in the notice stating that the mediation has failed, if the

mediation fails. 1998, c. 19, s. 132 (6).

Record of settlement

(7)

Upon obtaining a settlement between the parties with respect to the disagreement

submitted to mediation, the mediator shall make a written record of the settlement which shall

form part of the agreement or matter that was the subject of the mediation. 1998, c. 19, s. 132 (7).

False, misleading statements

133. (1)

A declarant shall not, in a statement or information that the declarant is required

to provide under this Act,

(a) make a material statement or provide material information that is false, deceptive or

misleading; or

(b) omit a material statement or material information that the declarant is required to

provide. 1998, c. 19, s. 133 (1).

Right to damages

(2)

A corporation or an owner may make an application to the Superior Court of Justice to

recover damages from a declarant for any loss sustained as a result of relying on a statement or

on information that the declarant is required to provide under this Act if the statement or

information,

(a) contains a material statement or material information that is false, deceptive or

misleading; or

(b) does not contain a material statement or material information that the declarant is

required to provide. 1998, c. 19, s. 133 (2); 2000, c. 26, Sched. B, s. 7 (7).

Compliance order

134. (1)

Subject to subsection (2), an owner, an occupier of a proposed unit, a corporation,

a declarant, a lessor of a leasehold condominium corporation or a mortgagee of a unit may make

an application to the Superior Court of Justice for an order enforcing compliance with any

provision of this Act, the declaration, the by-laws, the rules or an agreement between two or

more corporations for the mutual use, provision or maintenance or the cost-sharing of facilities or

services of any of the parties to the agreement. 1998, c. 19, s. 134 (1); 2000, c. 26, Sched. B,

s. 7 (7).

Pre-condition for application

(2)

If the mediation and arbitration processes described in section 132 are available, a