Neighbour Disputes
Neighbours may encounter a dispute for lots of reasons. Sometimes, these disputes can be short-lived and easily resolved by having a conversation with them. Nuisance behaviour, Zoning By-Laws, noise, pets, children, property lines and fences lines are just a few catalysts. If the dispute is prolonged or escalate, you may require a third-party mediator to facilitate a conversation that could lead to a meaningful agreement to help you and your neighbour to move on. Using mediation in these situations can be extremely valuable.
In cases where a minor variance or consent is required, applicants submit an application to the Committee of Adjustment (COA) for approval. Applicants are required to display a public notice on the property containing details of the variance or consent sought. Applicants are also encouraged to support their proposal with letters of support from adjacent and surrounding neighbours. If there are any objections to the application, they must be raised during the hearing. For more information on COA go to www.toronto.ca or click here.
Following the hearing, the COA will provide you with their decision. Whether or not your application is approved, you may still face the risk of an appeal at the Toronto Local Appeal Body (TLAB). This can happen 1) because the COA did not approve your application or 2) a neighbour wants to appeal the COA decision. Until TLAB has provided a decision, you cannot continue with your project. This is a costly and time-consuming exercise that can cause considerable delays.
Afsana has carefully crafted a framework that will help you and your neighbours take part in a productive discussion to help advance your project. The objective of the framework is to ensure all voices and concerns about your project are heard and considered. This type of mediation could save you valuable time and money, raise discussions, and lead to resolutions that will help you maintain neighbourly relationships.
If you are interested in learning more about how Afsana can help you resolve your neighbour dispute, please call 647 518 3166 for a no-obligation, free consultation.
Mediation offers you the opportunity to resolve your dispute without having to go to court. It is a cost-effective method that saves you time and money but can also help you maintain a healthy and sustainable relationship with your neighbour.
Renovation & Property Disputes
When purchasing new a home or beginning a renovation project, one of the key steps is to discuss the nature of any defects on the property or, in the case of a renovation, the particulars of the renovation.
In renovation cases, often both parties sign a contract, which specifies the details of the renovation, costs, pay schedule, and a start and completion date. Other times, parties may agree to the work on implied terms and a contract may not be signed. Disputes can occur when the homeowner and their contractor deviate from the original agreement. This can happen for several reasons. For example, the parties may not be fulfilling the terms of the contract, failure to pay, defective, or abandoned work.
During the COVID-19 pandemic, there has been a sharp rise in the number of renovations that have taken place across Ontario. This has naturally caused an increase in the number of claims filed at the Superior and Small Claims court. Often these cases are costly because of the legal fees, expert reports and filing costs.
Mediation can help the parties to resolve their issues without having to go a court. It provides the parties to come to an agreement that will help clarify or renegotiate the terms of the original agreement, so the renovation project can continue. Parties may also seek to sever the contract on the best terms possible. Against the value of the claim, avoiding litigation can help both parties save money and reach a resolution faster. Please read Afsana’s article published by The Lawyer’s Daily “The Value of Mediating Renovation Disputes” for more insight.
Property disputes are often a result of false representation or damage caused by a thirst party. This can be through rental agreements or other unanticipated interference. Many claims in property disputes also occur following a new purchase of a property, where latent defects within the property were not disclosed by the seller. This can often cause detrimental effects to the house and the new owner, costing a substantial amount of money to rectify. If the seller at the time knew about the defects, the owner may be entitled to damages. Mediation can help to resolve issues regarding these defects and reach a financial agreement that is reasonable for both parties.
If you would like to consider mediation for your renovation or property dispute, Afsana can help you decide if this is the best process for you. You may or may not require a lawyer depending on the complexity of your dispute. However, if both parties agree, Afsana advises seeking independent legal advice before signing the agreement.
For more information, call Afsana on 647 518 3166 or email at afsana@gcmediation.com.
