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Clyde Rogers v Niagara North Condominium Corporation No. 131 - 2018 ONCAT 13 - 2018-12-10

Corporation:

CRNNCC 131

Date:

2018-12-10

Under:

CAT Decisions - Decision
Compliance with Settlement Agreement

Summary:

In the case of Clyde Rogers v. Niagara North Condominium Corporation No. 131, the Condominium Authority Tribunal (CAT) addressed a dispute concerning compliance with a Settlement Agreement. Mr. Rogers, a unit owner, requested documents related to building maintenance expenses. The Settlement Agreement stipulated that the condominium corporation (NNCC 131) would provide the records by August 15, 2018. A hearing ensued when Mr. Rogers claimed non-compliance. The adjudicator, Deborah Anschell, found that NNCC 131 had indeed complied with the Settlement Agreement, providing all necessary records. No costs were awarded, and the matter was concluded.

Verdict:

The Condominium Authority Tribunal (CAT) found that Niagara North Condominium Corporation No. 131 (NNCC 131) complied with the Settlement Agreement in response to the applicant's records request, concerning building maintenance expenses. The Tribunal determined that NNCC 131 made best efforts to provide the requested documents, and the only delay was attributed to the president's vacation. No costs were awarded as both parties demonstrated responsiveness and compliance with the CAT-ODR system requirements. Ultimately, the CAT concluded that the applicant received all the records required, and NNCC 131 did not contravene the Settlement Agreement.

Takeaways:

Compliance Determination: The Condominium Authority Tribunal (CAT) in the case of Clyde Rogers v. Niagara North Condominium Corporation No. 131 found that NNCC 131 complied with the Settlement Agreement, addressing Mr. Rogers' records request related to building maintenance expenses.

Timely Records Submission: The adjudicator noted that NNCC 131 provided 19 out of 24 records by the stipulated date in the Settlement Agreement (August 15, 2018), with the remaining records, related to a garden shed, provided shortly after, once the president returned from vacation.

Invoice Sufficiency: Concerns raised by the applicant about the sufficiency of certain invoices were addressed, with the CAT finding that the provided records adequately supported the expenses and complied with the Settlement Agreement.

Costs Denial: Despite the request for costs by the applicant, the Tribunal exercised discretion and awarded no costs, considering both parties' responsiveness and compliance with CAT-ODR system requirements.

Conclusion: The Tribunal concluded that the terms of the Settlement Agreement were met, and no further orders were issued, bringing closure to the matter.

Recommendations: 

Clarity in Settlement Agreements: In future settlement agreements, it is advisable to include more explicit details regarding the nature of records to be provided, including any specific categorization or breakdown of expenses. This can prevent potential disputes and ensure both parties have a clear understanding of their obligations.

Communication Protocols: Establishing clear communication protocols and timelines for responding to records requests, especially in situations involving key personnel such as presidents, can help prevent delays. It might be beneficial to outline alternative contact persons or mechanisms in case of unavailability due to circumstances like vacations.

Enhanced Document Legibility: Considering concerns raised about the legibility of provided documents, parties should aim for documents that are clear, readable, and free from alterations. This can facilitate a smoother resolution process and minimize any disputes over the quality or clarity of the information provided.

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