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Emerald PG Holdings Ltd. v. Toronto Standard Condominium Corporation No. 2519 - 2021 ONCAT 104 - 2021-11-05

Corporation:

EPHLTSCC 2519

Date:

2021-11-05

Under:

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

Summary:

In the case of Emerald PG Holdings Ltd. v. Toronto Standard Condominium Corporation No. 2519, a Consent Order was issued by the Condominium Authority Tribunal (CAT) on November 5, 2021. The dispute involved access to condominium records, adequacy of records, entitlement to records, and related fees and costs. The CAT facilitated a resolution between the applicant, Emerald PG Holdings Ltd., and the respondent, Toronto Standard Condominium Corporation No. 2519. The consent order outlined several key terms, including the release of specific "In Camera" Board Meeting Minutes, non-core records, and redaction procedures as per the Condominium Act, 1998. It also specified that the records should be provided at no cost to the applicant and set a deadline for record delivery.

Verdict:

In the case of Emerald PG Holdings Ltd. v. Toronto Standard Condominium Corporation No. 2519, the parties reached a Consent Order resolution in the Condominium Authority Tribunal (CAT), effectively closing the case. This demonstrates the effectiveness of mediation and the importance of clear terms in settling disputes. The order outlines the release of specified records with redactions, at no cost to the applicant, and emphasizes the finality of the resolution. Failure to comply with the terms may lead to enforcement through the Ontario Superior Court of Justice, highlighting the legal consequences of non-compliance with such orders.

Takeaways:

Consent Order Resolution: The case of Emerald PG Holdings Ltd. v. Toronto Standard Condominium Corporation No. 2519 was resolved through a Consent Order issued by the Condominium Authority Tribunal (CAT) on November 5, 2021. The Parties voluntarily agreed to settle the dispute in Stage 2 - Mediation, enabling the CAT to close the case under Rule 32.1 of the CAT's Rules of Practice.

Release of Records: The Consent Order outlines specific terms for the release of records. This includes "In Camera" Board Meeting Minutes and Non-Core Records. The Minutes are to be provided within 30 days of the Order, including redactions in compliance with the Condominium Act, 1998.

Cost and Case Closure: All records are to be provided to the Applicant at no cost. Both the Applicant and Respondent consented to the closure of the case, signifying that no further actions are required regarding the Request for Records. The resolution is considered final and cannot be re-opened.

Compliance and Enforcement: In case of non-compliance with the terms of the Consent Order, enforcement may be pursued through the Ontario Superior Court of Justice.

Protection of Privileged Information: The order recognizes certain information as litigation privileged and not subject to disclosure, ensuring the protection of sensitive legal materials.

Recommendations: 

Clarity and Transparency: When resolving disputes through consent orders, it is essential to maintain clarity and transparency in outlining the terms and conditions. Ensure that all parties involved fully understand and agree to the terms to prevent any future disputes or misunderstandings.

Timely Compliance: Parties should adhere to the specified timelines for providing records or fulfilling other obligations as outlined in the consent order. Timely compliance is crucial to maintaining trust and ensuring the effectiveness of the resolution.

Legal Consequences: Parties should be aware of the legal consequences of non-compliance with the terms of a consent order. Emphasize the importance of adhering to the order, as outlined in this case, where non-compliance could lead to enforcement through the Ontario Superior Court of Justice. This serves as a deterrent against any potential non-compliance.

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