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HiLevel International Corp. v Toronto Standard Condominium Corporation No.1858 - 2019 ONCAT 38 - 2019-09-20

Corporation:

HICTSCC 1858

Date:

2019-09-20

Under:

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

Summary:

In the case of HiLevel International Corp. v. Toronto Standard Condominium Corporation No. 1858, a Consent Order was issued by the Condominium Authority Tribunal. The parties, the applicant and TSCC 1858, agreed to settle the dispute regarding access to records. The key terms of the Consent Order include the applicent paying a labor fee of $30 per hour for 30 hours to obtain specific records, and TSCC 1858 agreeing to provide these records. The total fee to be paid by the applicant is $900, and any excess fees will be refunded if the record production takes less time than estimated. Importantly, TSCC 1858 is not allowed to charge any additional fees, including legal fees, beyond the agreed-upon labor fee. Non-compliance may result in enforcement by the Ontario Superior Court of Justice.

Verdict:

In the case of HiLevel International Corp. v Toronto Standard Condominium Corporation No.1858, the parties reached a Consent Order to settle their dispute over access to records. The key lesson is that Consent Orders serve as legally binding agreements that outline the terms of resolution, including fees and compliance measures, and can be enforced by the court in case of non-compliance.




Takeaways:

Agreement for Record Production: The parties, the applicant and Toronto Standard Condominium Corporation No. 1858, have reached an agreement to settle their access to records dispute. The terms of this agreement have been incorporated into a Consent Order.

Labor Fee and Records Request: the applicant agreed to pay a labor fee of $30 per hour for 30 hours of work to obtain specific records, including information on advertising expenses, social and recreation expenses, and miscellaneous expenses for a specific period.

Payment and Refund: The applicant agreed to pay a total fee of $900 to the Respondent before the production of the requested records. The Respondent is obligated to keep an accurate account of labor hours and refund any difference if the record production takes less time than the estimated 30 hours.

Restriction on Additional Fees: The Consent Order explicitly states that the Respondent cannot charge any additional fees, including legal fees, beyond the agreed-upon labor fee of $30 per hour for the examination and production of the requested records.

Enforcement: Non-compliance with any terms of this order may lead to enforcement by the Ontario Superior Court of Justice. This highlights the legal weight of the Consent Order in ensuring compliance with the agreed-upon terms.

Recommendations: 

Document Clarity and Transparency: When entering into Consent Orders or agreements, it's crucial to ensure that all terms, fees, and conditions are clearly defined and transparent to both parties. This minimizes the potential for misunderstandings or disputes later on. Consider the use of legal professionals to draft such agreements for precision.

Regular Progress Updates: Parties involved in Consent Orders should establish a process for periodic updates on the status of compliance. This helps prevent any delay or miscommunication and allows for prompt resolution if issues arise.

Mediation and Alternative Dispute Resolution: Prior to resorting to the courts, consider mediation or alternative dispute resolution methods. These can be more cost-effective and efficient in resolving disputes, potentially avoiding the need for Consent Orders and court enforcement. It's often in the best interest of both parties to explore these options before pursuing legal action.

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