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Kaminski v. Halton Standard Condominium Corporation No. 645 - 2021 ONCAT 26 - 2021-03-31

Corporation:

KHSCC 645

Date:

2021-03-31

Under:

CAT Decisions - Consent Order
Access to Records

Summary:

In the case of Kaminski v. Halton Standard Condominium Corporation No. 645 (2021 ONCAT 26), a Consent Order was issued by a Member of the Condominium Authority Tribunal (CAT) on March 31, 2021. The Applicants and Halton Standard Condominium Corporation No. 645 as the Respondent, reached an agreement in Stage 2 - Mediation.

As per Rule 32.1 of the CAT's Rules of Practice, the CAT can close a case through a consent order when both parties agree to resolve the dispute. The consent order detailed the Respondent's obligation to provide specific documentation to the Applicants and reimburse the Tribunal Application fees. The Respondent also acknowledged the absence of certain records. The Applicants accepted this representation, and in exchange for the provided documentation, they agreed to withdraw their Application. The case was closed, and the order emphasized that it cannot be reopened.

Verdict:

In the case of Kaminski v. Halton Standard Condominium Corporation No. 645, the parties reached a resolution through a Consent Order in Stage 2 - Mediation within the Condominium Authority Tribunal (CAT). This highlights the effectiveness of mediation in resolving disputes related to access to records in condominium matters. The order outlines the specific documents the Respondent agreed to provide to the Applicants and the reimbursement of Tribunal Application fees. The case serves as an example of parties cooperating and finding a mutually acceptable resolution, ultimately leading to the closure of the case without the possibility of reopening.

Takeaways:

Consent Order Resolution: Applicants and Halton Standard Condominium Corporation No. 645 as the Respondent, successfully settled their dispute through a Consent Order in the Stage 2 - Mediation process within the Condominium Authority Tribunal (CAT). This highlights the effectiveness of alternative dispute resolution mechanisms in condominium-related matters.

Documentation Exchange: The Consent Order outlined the specific documents the Respondent agreed to provide to the Applicants, which included references, responses, quotes, and proposals related to the condominium's maintenance and plumbing issues. This emphasizes the importance of transparency and cooperation in resolving disputes.

Resolution and Withdrawal: The Applicants agreed to withdraw their Application upon receiving the requested documentation, signifying that their concerns were adequately addressed through the resolution. This demonstrates the willingness of parties to compromise in order to reach a mutually acceptable outcome.

Closure and Non-Reopening: The CAT ordered the closure of the case and stipulated that the Application cannot be reopened, ensuring finality in the resolution process.

Enforceable Terms: The Consent Order clarified that failure to comply with its terms could be enforced through the Ontario Superior Court of Justice, underscoring the legally binding nature of the agreement and the consequences of non-compliance.

Recommendations: 

Encourage Mediation: Parties involved in condominium-related disputes should be encouraged to consider mediation as an effective means of resolving issues. Mediation can lead to mutually acceptable outcomes and the efficient closure of cases, as demonstrated in this instance.

Clearly Define Terms in Consent Orders: Consent Orders should include specific terms and obligations for both parties, as seen in this case. It is recommended to clearly outline what documents or actions are expected from each party to ensure a smooth and unambiguous resolution process.

Maintain Compliance Awareness: Parties should be aware of the consequences of non-compliance with Consent Orders. It is crucial to adhere to the agreed-upon terms, and parties should be informed about potential enforcement through legal channels, such as the Ontario Superior Court of Justice, in case of non-compliance. This awareness can help ensure that both parties fulfill their obligations as agreed.

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