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Craig Diefenbacher v Waterloo Standard Condominium Corporation No. 433 - 2019 ONCAT 15 - 2019-03-12

Corporation:

CDWSCC 433

Date:

2019-03-12

Under:

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

Summary:

In the case of Craig Diefenbacher v Waterloo Standard Condominium Corporation No. 433, a Consent Order was issued in the Condominium Authority Tribunal (CAT) after the parties settled their dispute through Stage 2 Mediation. The Respondent, Waterloo Standard Condominium Corporation No. 433, agreed to provide the Applicant with requested records within 30 days, redacted as per the Condominium Act, 1998. The records included board meeting minutes, quotations and purchase orders, and opinions/recommendations regarding a pine tree. The Respondent also agreed to pay $75.00 to cover CAT fees and an additional $500.00. The settlement terms were not confidential. As a result, the file was closed, and the case was considered fully resolved in Stage 2 Mediation, with no option for reopening.

Verdict:

The case of Craig Diefenbacher v Waterloo Standard Condominium Corporation No. 433 (2019 ONCAT 15) demonstrates the effectiveness of mediation in resolving condominium disputes. In this case, the parties reached a Consent Order in Stage 2 Mediation, agreeing to provide requested records, pay associated fees, and openly disclose the settlement terms. This emphasizes the importance of amicable resolutions in condominium matters and showcases the flexibility of the Condominium Authority Tribunal (CAT) in facilitating such agreements.




Takeaways:

Resolution through Mediation: The parties in this condominium dispute were able to reach a settlement through Stage 2 Mediation in the Condominium Authority Tribunal (CAT).

Record Access: The Respondent agreed to provide the Applicant with specific records requested within 30 days. These records included board meeting minutes, quotations, and opinions/recommendations, among others. The Respondent was required to redact the records as per the Condominium Act, 1998.

Financial Compensation: The Respondent agreed to pay $75.00 to cover the CAT fees incurred by the Applicant for the negotiation and mediation stages. An additional payment of $500.00 was also agreed upon.

Non-Confidential Settlement: The terms of the settlement outlined in the Consent Order were not considered confidential.

Case Closure: Both parties consented to closing the case, indicating that no further actions were required concerning the records requested in this matter.

Recommendations: 

Emphasize the value of mediation: Encourage parties involved in condominium disputes to consider mediation as an effective means of resolving issues. The Consent Order in this case demonstrates that mediation can lead to mutually agreeable solutions, saving time and resources.

Promote transparency: The parties agreed that the terms of their settlement should not be treated as confidential. This transparency is beneficial for building trust and ensuring accountability in condominium disputes. Encourage other parties to follow this example to maintain openness in dispute resolutions.

Streamline dispute processes: Recognize the efficiency of Stage 2 Mediation in resolving disputes and consider its applicability to other cases. Encourage parties to engage in mediation when appropriate, as it can lead to quicker and more cost-effective solutions, as seen in this case.

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