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Constance Allen v Wentworth Condominium Corporation No. 45 - 2019 ONCAT 14 - 2019-02-12

Corporation:

CAWCC 45

Date:

2019-02-12

Under:

CAT Decisions - Consent Order
Access to Records

Summary:

In the case of Constance Allen v Wentworth Condominium Corporation No. 45, a Consent Order was issued on February 12, 2019. The dispute revolved around access to records, and the parties reached an agreement to settle the case through the Condominium Authority's Tribunal online system. The Consent Order outlines the terms and conditions of the settlement. Wentworth Condominium Corporation No. 45 agreed to provide the applicant with specific records related to a pool incident and other documentation within ten business days at no cost. Additionally, they agreed to provide information about unit owners, internal policies, and directors' training. Both parties agreed to bear their own costs for the case. The order specifies that failure to comply with its terms may lead to enforcement through the Ontario Superior Court of Justice.

Verdict:

In this case, the applicant and Wentworth Condominium Corporation No. 45 efficiently settled their dispute through the Condominium Authority's online system. The Consent Order emphasizes the importance of access to records, leading to a detailed list of documents to be provided to the applicant, demonstrating the significance of transparency in condominium matters. This case underscores the binding nature of Consent Orders and the potential legal enforcement through the Ontario Superior Court of Justice if the terms are not complied with.




Takeaways:

Settlement Through Online System: The case between Constance Allen and Wentworth Condominium Corporation No. 45 was settled through the Condominium Authority’s Tribunal online system, demonstrating the efficiency and accessibility of online dispute resolution platforms.

Access to Records: The dispute primarily concerned access to specific records related to a pool incident and other documentation, highlighting the importance of transparency and access to information in condominium-related matters.

Detailed Records Requested: The Consent Order mandated Wentworth Condominium Corporation No. 45 to provide the applicant with a detailed list of records, including board meeting minutes, video footage, memoranda, and policies, showcasing the specificity of record requests in such cases.

Cost Allocation: Both parties agreed to bear their own costs for participating in the case, indicating a fair distribution of financial responsibilities during the dispute resolution process.

Enforcement Mechanism: The order stipulated that failure to comply with its terms could lead to enforcement through the Ontario Superior Court of Justice, underscoring the binding nature of the Consent Order and the legal consequences of non-compliance.

Recommendations: 

Encourage Mediation: Promote the use of mediation and dispute resolution systems for condominium-related disputes to facilitate quicker and more cost-effective resolutions.

Emphasize Transparency: Ensure that condominium corporations are transparent in providing access to records and information to unit owners, as per legal requirements. This will help prevent disputes and promote harmonious condominium living.

Compliance Monitoring: Establish a mechanism for monitoring compliance with Consent Orders in condominium disputes to safeguard the rights of unit owners and the legal enforceability of the agreements.

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