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Arthur Pullan v Leeds Condominium Corporation No. 18 - 2020 ONCAT 20 - 2020-06-05

Corporation:

APLCC 18

Date:

2020-06-05

Summary:

In the case of Arthur Pullan v Leeds Condominium Corporation No. 18, the parties settled their dispute in Stage 2 Mediation of the Condominium Authority Tribunal. The applicant and the respondent, Leeds Condominium Corporation No. 18, reached a consent agreement. The respondent agreed to provide the applicant with various requested documents related to the condominium, including declaration, by-laws, rules, periodic information certificates, funding plans, roof repair documentation, and more. However, certain records were confirmed to be not in the respondent's possession. The applicant received the requested documentation and a reimbursement of application fees. In exchange, the applicant agreed to withdraw his application, and both parties consented to close the case.

Under:

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

Verdict:

This case demonstrates the effectiveness of Stage 2 Mediation in resolving condominium-related disputes by facilitating an agreement between the applicant and respondent. The consent order resulted in the provision of essential documentation and a reimbursement of application fees, underscoring the importance of transparency and cooperation in resolving such matters efficiently without the need for formal adjudication. The case serves as a lesson in the successful use of alternative dispute resolution methods and the significance of clear record acknowledgment in condominium-related issues.

Takeaways:

Settlement Through Mediation: The case was resolved through Stage 2 Mediation by the applicant and the respondent, Leeds Condominium Corporation No. 18 (LCC# 18). This demonstrates the effectiveness of alternative dispute resolution methods in condominium-related issues.

Documentation Provided: LCC# 18 agreed to provide the applicant with a comprehensive set of documents related to the condominium, including declarations, by-laws, rules, periodic information certificates, and various records concerning roof repairs and contracts. This emphasizes the importance of transparency and access to information in condominium disputes.

Reimbursement: As part of the settlement, LCC# 18 reimbursed the applicant for the tribunal application fees, showing a willingness to address the costs incurred by the applicant during the dispute resolution process.

Clear Record Acknowledgment: The respondent acknowledged records that were not in their possession, highlighting the importance of clarity regarding available documentation during the dispute resolution process.

Closure and Non-Reopening: The case was closed, and it was clarified that the application could not be reopened, ensuring finality in the resolution. This underscores the need for finality and closure in tribunal proceedings.

Recommendations: 

Promote Mediation: Encourage parties involved in condominium-related disputes to explore mediation (Stage 2 Mediation) as an initial step before proceeding to formal adjudication. Mediation can be a highly effective means of reaching mutually agreeable solutions and should be utilized more frequently to expedite case resolution.

Clear Acknowledgment of Records: Ensure that condominium corporations clearly acknowledge the status of their records, specifying which records are available and which are not in their possession. This transparency helps streamline the dispute resolution process and prevents unnecessary litigation.

Timely Reimbursement: Establish procedures to promptly reimburse applicants for any tribunal application fees when cases are resolved through consent orders or mediation. Timely reimbursement reinforces the fairness of the process and encourages participation in dispute resolution mechanisms.

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