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Bechlian v. Toronto Standard Condominium Corporation No. 2418 - 2021 ONCAT 87 - 2021-09-27

Corporation:

BTSCC 2418

Date:

2021-09-27

Under:

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

Summary:

The case of Bechlian v. Toronto Standard Condominium Corporation No. 2418 resulted in a Consent Order issued on September 27, 2021, under the Condominium Authority Tribunal (CAT). The dispute involved access to records and related issues. Key points of the order include the provision of approved minutes to the applicant regarding the revocation of her Bazinga access, reimbursement of $200 to the applicant for expenses, and the allocation of this reimbursement as a credit towards her common expenses. Both parties consented to close the case, with no further actions required, and the resolution was finalized in Stage 2 Mediation. The order emphasizes that non-compliance can be enforced through the Ontario Superior Court of Justice.

Verdict:

In Bechlian v. Toronto Standard Condominium Corporation No. 2418, a Consent Order was issued to resolve a dispute concerning access to condominium records. The key lesson here is that parties can efficiently settle such disputes through mediation, resulting in a consent order that outlines specific terms and responsibilities for each party. Non-compliance with these terms may lead to enforcement through the Ontario Superior Court of Justice.

Takeaways:

Mediation Resolution: The dispute between the applicant and the respondent, Toronto Standard Condominium Corporation No. 2418, was settled through Stage 2 mediation in the Condominium Authority Tribunal's online dispute resolution system.

Records Access: The respondent provided the applicant with the approved minutes that documented the board's decision to revoke her Bazinga access, addressing the issue related to access to records. The applicant confirmed the receipt of these records.

Reimbursement: As part of the consent order, the respondent agreed to reimburse the applicant $200 for her expenses, ensuring that she does not bear any portion of these reimbursed expenses through a credit towards her common expenses.

Case Closure: Both parties consented to closing the case, signifying that there were no further actions needed regarding the two Requests for Records dated July 29, 2021. This settlement concluded the matter, and it cannot be reopened.

Enforcement Mechanism: In case of non-compliance with the terms of the consent order, it is noted that the order can be enforced through the Ontario Superior Court of Justice, ensuring that the agreed-upon terms are adhered to.

Recommendations: 

Mediation as a Resolution Method: Consider using mediation as an effective method for resolving disputes, especially in the context of condominium-related issues. It can lead to consent orders that provide clear terms for both parties and lead to efficient resolutions.

Clear and Specific Terms: When crafting consent orders, ensure that the terms are clear, specific, and address all relevant issues. In this case, the consent order covered access to records, reimbursement, and common expense credits, leaving no room for ambiguity.

Compliance Enforcement: Recognize the importance of including provisions for enforcement in consent orders. Specify a mechanism for compliance, as demonstrated in this case, where non-compliance can lead to enforcement through the appropriate legal channels, such as the Ontario Superior Court of Justice.

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