Why there was no settlement

There were offers to settle the lawsuit but the two sides could not come to an agreement.

One reason was that, among other conditions, the corporation insisted that the owners pay the corporation’s full legal costs.
 
The last offer to settle that the corporation’s lawyers drafted called for:
1.
The couple to immediately put their home up for sale.
2.
Do nothing that would impede the sale of their home and accept any reasonable offer.
3.
Vacate the unit no later than 31 May 2015.
4.
If the unit is not sold or vacated by 31 May 2015, PCC 231 may apply for an order to take possession of their home and/or make arrangements to sell the unit.
5.
The restrictions on their movements within the common elements as listed in the court application with several additional restrictions.
6.
The couple must pay the corporation’s costs of $100,000. This amount was to be paid immediately and PCC 231 may register a lien against the property to secure their costs.
7.
The respondents must dismiss their counter application and their Human Rights application on a without costs basis.

In return PCC 231 would not ask for any further costs pursuant to Section 134(5) of the Act. The couple had two full days to accept this offer or it would be withdrawn.
 
The owners felt they had to refuse this offer and take their chances in court.

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