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Jack Gale v Halton Condominium Corporation No. 61 - 2019 ONCAT 16 - 2019-03-28

Corporation:

JGHCC 61

Date:

2019-04-05

Under:

CAT Decisions - Consent Order
Access to Records
Entitlement to Records

Summary:

In the case of Jack Gale v Halton Condominium Corporation No. 61 (2019 ONCAT 16), a consent order was reached between the Applicant and the Respondent, Halton Condominium Corporation No. 61, to settle the dispute regarding access to certain condominium records. Under the consent order, the Respondent agreed to provide electronic versions of specific records, including monthly balance sheets and income statements for January to December 2018. The Applicant was required to pay $30.00 for the records, covering one hour of labor for limited redaction of confidential employee information. The redaction was to comply with the Condominium Act, 1998. The Respondent had 21 days to produce the documents after receiving payment. The order also outlined a protocol for the Applicant to ask questions related to the records, both in writing and at the Annual General Meeting, without limiting their ability to request additional records or ask further questions under the Condominium Act.

Verdict:

In this case, Jack Gale and Halton Condominium Corporation No. 61 reached a Consent Order, demonstrating the effectiveness of alternative dispute resolution methods in resolving disputes. The order outlines that the condominium corporation must provide specific records to the applicant for a fee, allowing for limited redaction, and establishes a protocol for the applicant to ask questions related to the records. This case highlights the practicality of negotiated settlements in condominium-related disputes, ultimately saving time and resources for both parties involved.




Takeaways:

Settlement Through Consent Order: The case of Jack Gale v Halton Condominium Corporation No. 61 was resolved through a Consent Order, indicating that both the Applicant and the Respondent agreed to a mutually acceptable resolution.

Access to Records: The Respondent, Halton Condominium Corporation No. 61, agreed to provide the Applicant with electronic versions of specific records, including the monthly balance sheet and income statements for the period of January 2018 to December 2018.

Costs and Redaction: The Applicant was required to pay $30.00 to cover the cost of producing the records. Additionally, a one-hour labor cost was included for limited redaction of confidential employee information, following the provisions of the Condominium Act, 1998.

Questioning Protocol: The Consent Order outlined a protocol for the Applicant to ask questions related to the provided records, both in writing and at the Annual General Meeting. This protocol did not limit the Applicant's ability to seek additional records or ask further questions under the Condominium Act.

Enforcement by Court: The Consent Order made it clear that failure to comply with its terms could be enforced by the Ontario Superior Court of Justice. This underlines the legal binding nature of the order.

Recommendations: 

Emphasize the Value of Alternative Dispute Resolution: The case of Jack Gale v Halton Condominium Corporation No. 61 demonstrates the efficacy of alternative dispute resolution methods, such as consent orders, in settling disputes efficiently. Encourage parties involved in similar condominium-related conflicts to consider negotiation and reach mutually agreeable solutions to save time and resources.

Promote Clarity in Records Access: When condominium owners request access to records, it is essential to have clear guidelines and processes in place, as shown in this case. Condominium corporations should establish transparent procedures for providing records, including associated costs and redaction limitations, to ensure a smooth and fair access process.

Encourage Communication and Questioning Protocols: The established protocol in this case allowing the applicant to ask questions about the released records is a constructive practice. Condominium corporations should consider implementing similar communication channels and question sessions to address owner inquiries, fostering transparency and cooperation within the community.

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