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Mason v. Toronto Standard Condominium Corporation No. 1826 - 2021 ONCAT 28 - 2021-04-09

Corporation:

MTSCC 1826

Date:

2021-04-09

Under:

CAT Decisions - Consent Order
Access to Records
Entitlement to Records

Summary:

In the case of Mason v. Toronto Standard Condominium Corporation No. 1826, a Consent Order was issued under section 1.47 of the Condominium Act, 1998. The Applicant sought access to specific records held by the Respondent, Toronto Standard Condominium Corporation No. 1826. The Parties agreed to settle the dispute during Stage 2 - Mediation. The Consent Order outlined the terms of the settlement, requiring the Respondent to provide redacted 2020 Annual General Meeting Proxies, Ballot Forms, and Meeting Minutes. Additionally, the contract between the Respondent and Building Sciences Inc. from 2016 to 2024 was to be disclosed. The Respondent agreed to reimburse the CAT filing fees and credit the Applicant for any related common expenses. Non-compliance could lead to enforcement through the Ontario Superior Court of Justice.

Verdict:

In Mason v. Toronto Standard Condominium Corporation No. 1826, a Consent Order was reached in Stage 2 - Mediation, illustrating the effectiveness of alternative dispute resolution mechanisms in condominium disputes. The Consent Order outlined the Respondent's commitment to provide specific records, redacted in accordance with legal requirements, and reimburse the Applicant's filing fees. This case underscores the importance of cooperation and resolution in condominium disputes and the potential for achieving mutually agreeable outcomes through consent orders rather than formal Tribunal hearings.

Takeaways:

Consent Order Resolution: The case was resolved through a Consent Order during Stage 2 - Mediation, demonstrating the parties' willingness to settle the dispute without proceeding to a Tribunal hearing.

Access to Records: The Applicant sought access to specific records held by the Respondent, Toronto Standard Condominium Corporation No. 1826, related to their annual general meeting, including proxies, ballot forms, and meeting minutes, as well as a building sciences contract.

Redaction Compliance: Records provided were to be redacted in compliance with subsection 55(4) of the Condominium Act, 1998, which ensures that sensitive or confidential information is protected.

Reimbursement of Filing Fees: The Respondent agreed to reimburse the CAT filing fees, valued at $75.00, to the Applicant within one week of the Consent Order issuance.

Compliance and Enforcement: The Consent Order included a clause specifying that non-compliance with its terms could be enforced through the Ontario Superior Court of Justice, emphasizing the importance of adhering to the agreed-upon resolution.

Recommendations: 

Encourage Alternative Dispute Resolution: Promote the use of alternative dispute resolution mechanisms like mediation within the condominium context. This case demonstrates that parties can reach mutually agreeable solutions through consent orders, avoiding costly and time-consuming formal Tribunal hearings. Encouraging such methods can help expedite dispute resolution and reduce the burden on the Tribunal.

Emphasize Compliance and Enforcement: Stress the importance of compliance with Consent Orders or agreements. To ensure that parties adhere to the agreed terms, establish clear mechanisms for enforcement through appropriate legal channels, as demonstrated in this case where compliance could be enforced through the Ontario Superior Court of Justice.

Promote Transparency and Accessibility: Advocate for transparency in condominium management by encouraging the timely provision of records as required by the Condominium Act, 1998. This case highlights the significance of making records available to unit owners while ensuring compliance with privacy and legal regulations.

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