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Ji v. Toronto Standard Condominium Corporation No. 1611 - 2021 ONCAT 42 - 2021-05-12
Corporation:
JTSCC 1611
Date:
2021-05-12
Summary:
In the case of Ji v. Toronto Standard Condominium Corporation No. 1611, a Consent Order was issued on May 12, 2021, to resolve a dispute through mediation. The Applicant sought access to certain records from the Respondent, Toronto Standard Condominium Corporation No. 1611. Both parties agreed to a settlement in Stage 2 - Mediation. The Consent Order outlined the terms, which included the Respondent providing specific Incident Reports related to noise complaints made by the Applicant, ensuring privacy compliance, and reimbursing the Applicant for Condominium Authority Tribunal (CAT) filing fees. The Order specified the method of record delivery and the timeframe for compliance. Any non-compliance could lead to enforcement through the Ontario Superior Court of Justice.
Under:
CAT Decisions - Consent Order
Access to Records
Entitlement to Records
Fees, Costs, Penalties
Verdict:
In this case, the dispute between the Applicant and Toronto Standard Condominium Corporation No. 1611 was settled through a Consent Order in Stage 2 - Mediation, where both parties agreed to specific terms. The Respondent agreed to provide the Applicant with redacted Incident Reports related to noise complaints and reimburse the Applicant for Condominium Authority Tribunal (CAT) filing fees. The Consent Order ensured that the Applicant would not bear any costs, and compliance with the order could be enforced through the Ontario Superior Court of Justice if necessary. This case exemplifies the resolution of condominium-related disputes through voluntary agreements and the role of the CAT in facilitating such settlements.
Takeaways:
Consent Order Resolution: The case between Yuantao Ji and Toronto Standard Condominium Corporation No. 1611 was resolved through a Consent Order in Stage 2 - Mediation. Both parties agreed to this settlement voluntarily.
Records Access: The Respondent, Toronto Standard Condominium Corporation No. 1611, agreed to provide the Applicant with specific Incident Reports related to noise complaints. These reports had to be redacted to protect the privacy of other units and owners as required by the Condominium Act, 1998.
Filing Fees Reimbursement: The Respondent committed to reimbursing the Applicant for the Condominium Authority Tribunal (CAT) filing fees, which were valued at $75.00. This reimbursement was to be made by cheque within two weeks of the Consent Order.
Credit Toward Common Expenses: To ensure that the Applicant did not bear any costs associated with the Consent Order, they were to receive a credit equivalent to their proportionate share of the reimbursed fees and expenses toward any common expenses attributable to their unit.
Enforcement: Non-compliance with any terms of the Consent Order could lead to enforcement through the Ontario Superior Court of Justice.
Recommendations:
Promote Mediation and Consent Orders: Encourage parties involved in condominium disputes to consider mediation and consent orders. This approach allows parties to reach mutually agreeable resolutions, reducing the burden on the legal system and saving time and costs for both parties.
Clarify Record Access Procedures: Condominium corporations should establish clear and standardized procedures for providing access to records, including incident reports. This can help prevent disputes and streamline the process when owners request such records.
Ensure Cost Equity: To make dispute resolution accessible, consider mechanisms for reimbursing filing fees to the prevailing party. In this case, the CAT ordered the reimbursement of filing fees to the Applicant. Such cost-sharing arrangements can help ensure that owners are not discouraged from seeking resolution due to financial concerns.