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Chen v. Waterloo Standard Condominium Corporation No. 646 - 2021 ONCAT 112 - 2021-11-25

Corporation:

CWSCC 646

Date:

2021-11-25

Under:

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

Summary:

In the case of Chen v. Waterloo Standard Condominium Corporation No. 646 (2021 ONCAT 112), a Consent Order was issued on November 25, 2021, under section 1.47 of the Condominium Act, 1998. The dispute involved access to records, entitlement to records, and fees.

The Applicant and the Respondent, Waterloo Standard Condominium Corporation No. 646, agreed to settle the case through consent in Stage 2 - Mediation. The Consent Order outlined the terms of the settlement, requiring the Corporation to provide various records to the Applicant within 30 days and reimburse the Applicant for CAT fees. The case was deemed fully resolved in Stage 2 Mediation, and it was specified that the issues raised therein could not be reopened.

Verdict:

In the case of Chen v. Waterloo Standard Condominium Corporation No. 646, the dispute regarding access to condominium records was resolved through a Consent Order in Stage 2 - Mediation, demonstrating the effectiveness of alternative dispute resolution mechanisms in condominium disputes. This highlights the importance of transparency and access to records within condominium corporations, with a clear timeline for record provision and reimbursement of CAT fees. The case closure was agreed upon by both parties, ensuring finality in the resolution, and any non-compliance with the order could be enforced through the Ontario Superior Court of Justice.

Takeaways:

Consent Order: The case was resolved through a Consent Order in Stage 2 - Mediation, illustrating that parties in a condominium dispute can reach an agreement without proceeding to adjudication.

Records Access: The dispute primarily revolved around the Applicant's entitlement to certain condominium records, emphasizing the importance of transparency and access to information within condominium corporations.

Timely Resolution: The Consent Order specified a timeline for providing records and reimbursing CAT fees, ensuring that the matter was resolved promptly.

Digital Records: Records were to be provided to the Applicant in an electronic format, highlighting the use of technology for efficient document sharing.

Case Closure: Both parties consented to the closure of the case, and it was emphasized that the resolution was final and could not be re-opened, providing closure to the dispute.

Recommendations: 

Encourage early resolution: Encourage parties involved in condominium disputes to consider alternative dispute resolution mechanisms like mediation. This can save time and resources and lead to mutually agreed-upon resolutions.

Clearly define record access: Condominium corporations should have well-defined procedures and timelines for providing access to records as per legal requirements. This can help prevent disputes and streamline the process for all parties involved.

Promote compliance and enforcement: Make parties aware of the consequences of non-compliance with consent orders, such as enforcement through the legal system, to ensure that agreements are adhered to. This can help maintain the integrity of the dispute resolution process.

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