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Leith v. York Condominium Corporation No. 274 - 2021 ONCAT 15 - 2021-03-01
Corporation:
LYCC 274
Date:
2021-03-01
Summary:
In the case of Leith v. York Condominium Corporation No. 274, the Applicant and the Respondent, York Condominium Corporation No. 274 (YCC-274), reached a resolution through a Consent Order in Stage 2 Mediation within the Condominium Authority Tribunal (CAT). The Respondent provided the requested documentation and reimbursed the Applicant for costs and fees. In exchange for these, the Applicant agreed to withdraw her Application, leading to the closure of the case with no possibility of reopening.
Under:
CAT Decisions - Consent Order
Access to Records
Entitlement to Records
Verdict:
In the case of Leith v. York Condominium Corporation No. 274, the dispute regarding access to records and entitlement to records was efficiently resolved through a Consent Order in Stage 2 Mediation. This demonstrates the effectiveness of alternative dispute resolution methods in condominium-related matters. Furthermore, it highlights the importance of prompt compliance with document requests and the ability of parties to reach mutually agreeable solutions, resulting in the withdrawal of the application and the closure of the case. It also serves as a reminder to respect individuals' preferred gender pronouns and promptly correct any inadvertent errors.
Takeaways:
Resolution Through Consent Order: The case was resolved through a Consent Order in the Condominium Authority Tribunal's Stage 2 Mediation, highlighting the effectiveness of alternative dispute resolution methods.
Documentary Compliance: The Respondent, York Condominium Corporation No. 274, provided the Applicant with the requested documentation and reimbursed her for costs and fees, demonstrating cooperation and compliance with the Applicant's requests.
Applicant's Consent: The Applicant confirmed the receipt of the requested documents and the monetary reimbursement. In exchange, she willingly agreed to withdraw her Application, indicating her satisfaction with the resolution.
File Closure: The Parties consented to closing the file, with no further actions required. The Tribunal ordered the closure, emphasizing the finality of the resolution in Stage 2 Mediation.
Gender Pronoun Correction: An amendment was made to correct the use of gender pronouns in the Consent Order, demonstrating the importance of accuracy and respect for individuals' identities and preferences.
Recommendations:
Efficient Mediation Procedures: Continue to encourage the use of efficient mediation procedures in condominium-related disputes, as demonstrated in this case. Stage 2 Mediation is an effective means of resolving issues, saving time, and reducing the burden on the tribunal system.
Timely Document Compliance: Parties involved in condominium disputes should be reminded to promptly comply with document requests. In this case, the Respondent's timely provision of requested documents played a crucial role in achieving a resolution.
Respect and Correct Pronoun Usage: It's important to respect individuals' gender pronouns and promptly correct any inadvertent errors, as demonstrated by the amendment to the Consent Order. Promote sensitivity and awareness of gender identity in all tribunal proceedings.