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Kugan Meiyalagan v Metropolitan Toronto Condominium Corporation No. 996 - 2019 ONCAT 49 - 2019-12-18

Corporation:

KMMTCC 996

Date:

2019-12-18

Under:

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

Summary:

In the case of Kugan Meiyalagan v. Metropolitan Toronto Condominium Corporation No. 996, a Consent Order was issued on December 18, 2019. The dispute involved access to records, adequacy of records, entitlement to records, and fees and costs. The Applicant and Respondent settled the matter during Stage 2 Mediation. As part of the agreement, the Respondent provided the Applicant with the complete Owner's list, supporting affidavits from members of the Board of Directors, and reimbursed the Applicant's CAO Application fees, totaling $75. The Applicant confirmed receiving the documentation and funds and agreed to withdraw the Application. The Parties consented to closing the case, with no further actions required, and the Tribunal ordered the closure of the file.

Verdict:

The case, Kugan Meiyalagan v. Metropolitan Toronto Condominium Corporation No. 996, underscores the importance of alternative dispute resolution mechanisms such as mediation in resolving disputes effectively. Parties reached a Consent Order during Stage 2 Mediation, highlighting the potential for mutually agreeable solutions in condominium-related matters. This case demonstrates the value of settling disputes efficiently and avoiding protracted legal proceedings.




Takeaways:

Settlement in Mediation: The dispute between and Metropolitan Toronto Condominium Corporation No. 996 (MTCC-996), the Respondent, was successfully settled during Stage 2 Mediation, demonstrating the effectiveness of alternative dispute resolution mechanisms.

Documentation Provided: As part of the settlement, the Respondent agreed to provide the Applicant with several documents, including the complete Owner's list, along with affidavits from members of the Board of Directors to support the accuracy of this information.

Reimbursement of Application Fees: In addition to the documentation, the Respondent reimbursed the Applicant's Condominium Authority Tribunal (CAO) Application fees, totaling $75, which could serve as an incentive for parties to reach amicable resolutions.

Application Withdrawal: The Applicant agreed to withdraw their Application in exchange for receiving the stipulated documentation and fees, signaling the resolution of the matter to the satisfaction of both parties.

File Closure: The Consent Order led to the closure of the case, with the Tribunal affirming that it had been fully resolved during Stage 2 Mediation and could not be reopened, emphasizing the finality of the settlement.

Recommendations: 


Explore Mediation: Parties involved in condominium-related disputes should consider alternative dispute resolution methods such as mediation. This case illustrates that mediation can lead to mutually acceptable solutions, saving time and resources compared to prolonged legal proceedings.

Prioritize Communication: Effective communication between condominium owners and their corporations is essential. Transparency in providing requested documentation and records can prevent disputes from escalating to formal legal proceedings.

Compliance with Legal Requirements: Condominium corporations must adhere to legal obligations, such as providing access to records as required by the Condominium Act. Compliance can prevent unnecessary penalties and costs incurred due to refusal or delay in providing records.

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