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Ajayi v. Waterloo Standard Condominium Corporation No. 629 - 2021 ONCAT 59 - 2021-06-30

Corporation:

AWSCC 629

Date:

2021-06-30

Under:

CAT Decisions - Consent Order
Adequacy of Records
Fees, Costs, Penalties
Records Retention

Summary:

In the case of Ajayi v. Waterloo Standard Condominium Corporation No. 629, a Consent Order was issued by the Condominium Authority Tribunal (CAT) on June 30, 2021. The dispute involved the adequacy of records, fees, costs, and penalties related to a condominium corporation. The parties, the Applicant and Waterloo Standard Condominium Corporation No. 629 (the Respondent), agreed to settle the case in Stage 2 - Mediation. The CAT made a consent order based on their agreement, which outlined the terms and conditions of the resolution. The key terms included the Respondent allowing the Applicant to attend Meetings of Owners and pose questions as permitted under the Condominium Act, as well as reimbursing the CAT fees to the Applicant.

Verdict:

In Ajayi v. Waterloo Standard Condominium Corporation No. 629, the parties reached a Consent Order during Stage 2 - Mediation, emphasizing the importance of resolving disputes amicably. The Consent Order outlined terms that included permitting the Applicant to attend meetings, reimbursing CAT fees, and applying a credit for common expenses. It highlights the flexibility of the Condominium Authority Tribunal in facilitating mutually agreeable solutions for condominium-related disputes.

Takeaways:

Resolution through Consent Order: The case of Ajayi v. Waterloo Standard Condominium Corporation No. 629 was resolved through a Consent Order, with both parties reaching an agreement during Stage 2 - Mediation.

Terms of Consent Order: The Consent Order outlined specific terms agreed upon by the Applicant and Respondent. The Respondent agreed to allow the Applicant to attend Meetings of Owners and pose questions regarding the financial status of the corporation and special assessments, as permitted by the Condominium Act, 1998.

Reimbursement of CAT Fees: The Respondent committed to reimbursing the Applicant for CAT fees, totaling $100. This reimbursement was to be made by cheque within 30 days of the Consent Order issuance.

Credit for Common Expenses: To ensure the Applicant did not have to pay any portion of the reimbursed fees and expenses, a credit equivalent to the Applicant's proportionate share of the fees and expenses was applied to their common expenses.

Enforcement Through the Courts: The Consent Order specified that non-compliance with its terms could be enforced through the Ontario Superior Court of Justice.

Recommendations: 

Encourage Mediation: Parties involved in condominium-related disputes should be encouraged to participate in mediation as a means to amicably resolve their issues. This can help save time and resources for all parties involved.

Flexible Solutions: When reaching a consent order, explore creative and flexible solutions that address the specific needs and concerns of each party. In this case, allowing the Applicant to attend meetings and reimbursing CAT fees were key components of the agreement.

Clearly Defined Terms: Consent orders should have clearly defined terms and conditions to avoid future disputes. It's essential that both parties fully understand and agree to the terms, which may include financial reimbursements, access to information, or other specific actions to be taken.

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