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Khamissa v. York Condominium Corporation No. 43 - 2023 ONCAT 91 - 2023-07-17

Corporation:

KYCC 43

Date:

2023-07-17

Under:

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

Summary:

In the case of Khamissa v. York Condominium Corporation No. 43 (2023 ONCAT 91), the dispute was related to access to records and fees within a condominium corporation. The parties reached a resolution in Stage 2 - Mediation, and a Consent Order was issued based on their agreement. The Consent Order outlined specific actions to be taken by the Respondent, York Condominium Corporation No. 43, including providing minutes of board meetings, invoices, financial statements, and a monetary settlement to the Applicant, Zaid Khamissa. The order also specified the timeframe for compliance and the process for redacting records as necessary.

Verdict:

the quick verdict/lesson from the case of Khamissa v York Condominium Corporation No 43 is that the parties agreed to settle their dispute through the Condominium Authority Tribunal's online Stage 2 - Mediation system. With the agreement of both parties, the tribunal ordered that the case has been resolved based on the terms and conditions set out in the consent order. The order required the respondent to provide specific records and information to the applicant without charge, and compliance was enforceable through the Ontario Superior Court of Justice. This case reinforces the importance of alternative dispute resolution methods like mediation and the requirement to comply with agreed-upon terms and court orders.

Takeaways:

here are three key takeaways from the case of Khamissa v York Condominium Corporation No 43:

Settlement through Stage 2 - Mediation: The parties agreed to settle the dispute using the Condominium Authority Tribunal's online Stage 2 - Mediation system. This highlights the effectiveness of alternative dispute resolution methods in condominium-related disputes.

Consent Order: The Condominium Authority Tribunal (CAT) can close a case in Stage 2 - Mediation if the parties agree to a consent order that resolves the dispute. In this case, the CAT made a consent order based on the terms and conditions agreed upon by the parties.

Access to Records: The consent order stated that the respondent, York Condominium Corporation No 43, must provide specific records to the applicant, Zaid Khamissa. These records include approved minutes of board meetings, invoices, financial statements, and arrears reports, all within specified time frames.

Recommendations: 

Based on the "Khamissa v. York Condominium Corporation No. 43, 2023 ONCAT 91" Consent Order, here are some recommendations:

Review the Consent Order: Both parties, Zaid Khamissa (the Applicant) and York Condominium Corporation No. 43 (the Respondent), should thoroughly review the terms and conditions specified in the Consent Order to ensure a clear understanding of their respective obligations.

Timely Compliance: The Respondent, York Condominium Corporation No. 43, should ensure timely compliance with the terms of the Consent Order. This includes providing the requested documents, financial statements, invoices, and the cheque payment within the specified timeframes mentioned in the order.

Redaction of Records: When providing the requested records, the Respondent should take care to redact any sensitive or confidential information as necessary while ensuring compliance with relevant case law and legislation. This is particularly important to protect the privacy and security of individuals involved.

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