top of page
White Columns
< Back

Catherine Moir v. Middlesex Condominium Corporation No. 471 - 2020 ONCAT 21 - 2020-06-10

Corporation:

CMMCC 471

Date:

2020-06-10

Under:

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

Summary:

In the case of Catherine Moir v. Middlesex Condominium Corporation No. 471, a Consent Order was issued on June 10, 2020. The applicant sought resolution regarding access to records, adequacy of records, fees, costs, and penalties under the Condominium Act, 1998. Both parties, including the respondent Middlesex Condominium Corporation No. 471 (MCC 471), agreed to a settlement, which was incorporated into a Consent Order. The terms of the Consent Order include MCC 471 agreeing to maintain minutes of future board and owners' meetings, adhere to a Code of Ethics, bring forward prior meeting minutes for owner approval, and act professionally. MCC 471 also committed to reimbursing the applicant for her Condominium Authority Tribunal (CAT) fees.

Verdict:

This case, Catherine Moir v. Middlesex Condominium Corporation No. 471, demonstrates that disputes related to condominium governance and access to records can be resolved through Consent Orders. In this instance, the applicant and the condominium corporation, MCC 471, reached an agreement without the need for a formal hearing, with the Consent Order outlining key terms, including the preparation of separate minutes for meetings, adherence to a Code of Ethics, and reimbursement of the applicant's CAT fees. This approach highlights the flexibility and effectiveness of alternative dispute resolution methods in condominium-related matters.

Takeaways:

Consent Order Resolution: The case of Catherine Moir v. Middlesex Condominium Corporation No. 471 was resolved through a Consent Order, signifying an agreement between the applicant and the respondent, Middlesex Condominium Corporation No. 471 (MCC 471), to settle the dispute without the need for a formal hearing.

Compliance with Condominium Act: MCC 471 agreed to adhere to the requirements of the Condominium Act, 1998, by preparing and maintaining separate minutes for all future board and owners' meetings, distinct from the documents discussed or approved during these meetings.

Code of Ethics: The respondent committed to ensuring that all directors signed and followed MCC 471's Code of Ethics, emphasizing professionalism in their roles.

Approval of Meeting Minutes: MCC 471 pledged to present the minutes from the May 23, 2019 owners' meeting for approval at the subsequent owners' meeting or Annual General Meeting, whichever comes first.

Reimbursement of CAT Fees: As part of the resolution, MCC 471 agreed to reimburse the applicant for her Condominium Authority Tribunal (CAT) fees, totaling $75 within 30 days of the Consent Order.

Recommendations: 

Proactive Communication: In condominium disputes, encourage proactive communication and negotiation between the parties involved. This case demonstrates that consent orders can be an effective way to resolve issues without formal hearings, provided both parties are willing to engage in dialogue.

Clarity in Governance: Condominium corporations should ensure compliance with the Condominium Act and its regulations. This includes maintaining clear records, adhering to a Code of Ethics, and acting professionally in their roles. Such governance practices can help prevent disputes and enhance transparency.

Cost Reimbursement: When disputes are resolved through consent orders, consider the reimbursement of any applicable fees or expenses as part of the agreement, as demonstrated in this case. This can help offset the costs incurred by the complainant during the dispute resolution process.

bottom of page