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Mishchenko v. Middlesex Condominium Corporation No. 446 - 2021 ONCAT 82 - 2021-09-15
Corporation:
MMCC 446
Date:
2021-09-15
Summary:
In the case of Mishchenko v. Middlesex Condominium Corporation No. 446, a Consent Order was issued by the Condominium Authority Tribunal (CAT) on September 15, 2021. The dispute revolved around access to condominium records. The applicant and the respondent, Middlesex Condominium Corporation No. 446, reached a resolution through mediation. As per the Consent Order, the respondent agreed to provide specific records, including Board Meeting Minutes and documents related to the maintenance and repair of the Boiler Room. Notably, the respondent also committed to correcting an invoice issued under an inaccurate business name. The terms and deadlines for record provision were outlined. Failure to comply could lead to enforcement through the Ontario Superior Court of Justice.
Under:
CAT Decisions - Consent Order
Access to Records
Adequacy of Records
Entitlement to Records
Verdict:
This case, Mishchenko v. Middlesex Condominium Corporation No. 446, demonstrates the effectiveness of reaching a Consent Order in the mediation stage of a condominium dispute. Parties agreed to terms related to providing requested records and invoices. The CAT emphasizes the enforceability of its orders through the Ontario Superior Court of Justice if parties fail to comply, highlighting the significance of adhering to consent orders and tribunal decisions in condominium matters.
Takeaways:
Consent Order Resolution: The case was resolved through a Consent Order, a voluntary agreement between the parties, facilitated by the Condominium Authority Tribunal (CAT) during the mediation stage. This demonstrates that parties in condominium disputes can reach settlements without a formal hearing.
Access to Records: The dispute primarily concerned access to condominium records. The Consent Order outlines the specific records the respondent must provide to the applicant, including Board Meeting Minutes and records related to boiler maintenance and repair.
Explanation of Redactions: The Consent Order requires the respondent to provide the applicant with a statement explaining any redactions made in the records, along with the relevant legal subsections that justify these redactions. This ensures transparency in record provision.
Electronic Format: Records are to be provided in an electronic format, as agreed upon by both parties. This reflects modern record-keeping practices and eases accessibility.
Enforcement through Court: The Consent Order stipulates that if either party fails to comply with the terms, the order can be enforced through the Ontario Superior Court of Justice, emphasizing the legal enforceability of CAT decisions and consent orders.
Recommendations:
Negotiate in Good Faith: Parties involved in condominium disputes should consider mediation and negotiate in good faith, as seen in this case. Mediation can lead to Consent Orders, which can efficiently resolve issues and prevent prolonged legal battles.
Document Management: Condominium corporations must maintain accurate and complete records, including meeting minutes and financial documents, as per legal requirements. Ensuring these records are readily available when requested can help avoid disputes and tribunal involvement.
Compliance with Orders: All parties involved in condominium tribunal cases must adhere to the terms of Consent Orders and tribunal decisions. Non-compliance can lead to enforcement through legal channels, which can be costly and time-consuming. It's essential to fulfill obligations as agreed upon.