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Emerald PG Holdings Ltd. v. Toronto Standard Condominium Corporation No. 2519 - 2022 ONCAT 26 - 2022-03-24

Corporation:

EPHLTSCC 2519

Date:

2022-03-24

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) following a settlement between the parties in Stage 2 - Mediation. The order outlines the terms of the resolution, requiring the condominium corporation to provide various records to the applicant, including board meeting minutes, invoices, and bank statements. These records are to be provided in a redacted format in compliance with the Condominium Act, 1998. The order specifies the timeframe for record provision and mandates that these records will be provided at no cost to the applicant. The case is considered fully resolved, and any non-compliance with the order can be enforced through the Ontario Superior Court of Justice.

Verdict:

This case, resolved through a Consent Order, highlights the importance of mediation and dispute resolution in condominium-related matters. It emphasizes the significance of access to records, ensuring transparency within condominium corporations, and the necessity for compliance with the Condominium Act. Timely resolution through mediation and clear consent orders can help prevent prolonged legal disputes and ensure that records are provided efficiently.

Takeaways:

Consent Order Resolution: The case of Emerald PG Holdings Ltd. v. Toronto Standard Condominium Corporation No. 2519 was resolved through a Consent Order. The parties agreed to settle the matter through the Condominium Authority Tribunal's online dispute resolution system in Stage 2 - Mediation.

Access to Records: The Consent Order outlines specific provisions related to the access to various records. These records include board meeting minutes, invoices from legal counsel (Miller Thomson and Agro Zaffiro LLP), and bank statements.

Redacted Records: The records are to be provided in a redacted format, compliant with the Condominium Act, 1998. The redactions will be color-coded for easy identification and must adhere to the Act's provisions and judicial decisions.

Timely Compliance: The corporation is required to provide the requested records within 30 days of the order's date, and they must be supplied in an electronic format.

Case Closure: Both parties have consented to the closure of the case, with no further actions required related to the records requested on December 1, 2021, and December 10, 2021. The case is fully resolved, and non-compliance can be enforced through the Ontario Superior Court of Justice.

Recommendations: 

Emphasize Transparency in Condominium Corporations: Condominium corporations should prioritize transparency by providing access to records when requested. This case demonstrates the importance of making both "public" and "private and confidential" records available, ensuring residents have the information they are entitled to.

Promote Mediation and Dispute Resolution: Encourage parties involved in condominium-related disputes to consider mediation and alternative dispute resolution mechanisms. Mediation, as seen in this case, can lead to efficient and mutually agreeable solutions, preventing lengthy legal battles.

Adhere to Regulatory Compliance: Condominium corporations should be diligent in complying with the Condominium Act and related regulations. Timely provision of records and clear adherence to legal requirements can prevent unnecessary legal action and disputes.

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