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Harrison v. Toronto Standard Condominium Corporation No. 2714 - 2021 ONCAT 29 - 2021-04-12
Corporation:
HTSCC 2714
Date:
2021-04-12
Summary:
In the case of Harrison v. Toronto Standard Condominium Corporation No. 2714, a Consent Order was issued by the Condominium Authority Tribunal (CAT) on April 12, 2021. The dispute was resolved through mediation, and the consent order outlines the terms and conditions of the resolution. Toronto Standard Condominium Corporation No. 2714 agreed to provide the applicant, Angelo Harrison, with specific records within 30 days. These records include board meeting minutes, unaudited financial statements, governing documents, and scrutinizer's reports. The order also mandates the reimbursement of the applicant's filing fees. The parties agreed to bear their own costs, and any non-compliance with the order can be enforced through the Ontario Superior Court of Justice.
Under:
CAT Decisions - Consent Order
Access to Records
Entitlement to Records
Fees, Costs, Penalties
Verdict:
In Harrison v. Toronto Standard Condominium Corporation No. 2714 (2021 ONCAT 29), the parties settled their dispute through a Consent Order in the Condominium Authority Tribunal (CAT) during Stage 2 - Mediation. The Consent Order outlines the records the Respondent must provide to the Applicant, including board meeting minutes and financial statements, demonstrating the importance of transparency in condominium corporations. The lesson here is that disputes can be efficiently resolved through mutual agreement, reducing the need for lengthy legal proceedings.
Takeaways:
Consent Order: This case was resolved through a Consent Order, demonstrating the parties' willingness to settle the dispute through mutual agreement. This approach is encouraged by the Condominium Authority Tribunal (CAT) for efficient conflict resolution.
Access to Records: The dispute revolved around access to condominium records, emphasizing the importance of transparency and the rights of unit owners to access relevant information pertaining to their condominium corporation.
Specific Record Requests: The Consent Order outlines specific records that the Respondent must provide to the Applicant, including board meeting minutes, financial statements, and scrutinizer's reports. These documents are crucial for unit owners to understand the condominium's financial health and governance.
Compliance and Enforcement: The order specifies that non-compliance with its terms can be enforced through the Ontario Superior Court of Justice, ensuring that both parties adhere to the agreed-upon resolution.
Costs and Fees: The parties agreed to bear their own costs except for the reimbursement of the Applicant's filing fees, highlighting the allocation of financial responsibilities in such disputes.
Recommendations:
Effective Mediation: Parties involved in condominium disputes should consider engaging in mediation to reach a mutually agreeable resolution. In this case, the Applicant and Respondent settled their dispute efficiently through mediation during Stage 2 - Mediation, which ultimately led to a Consent Order.
Transparency and Compliance: Condominium corporations should ensure transparency in providing requested records to unit owners. It's essential to comply with requests promptly and provide necessary information without unreasonable delays. This helps maintain trust and accountability within the condominium community.
Cost Allocation in Consent Orders: Parties should carefully consider cost allocation in Consent Orders. In this case, the Applicant and Respondent agreed to bear their own costs, except for the reimbursement of filing fees. When settling disputes, it's crucial to define how costs will be distributed to avoid further conflicts.