Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Choose your role:
Namasivayam Thayaparan v Metropolitan Toronto Condominium Corporation No. 996 - 2018 ONCAT 20 - 2018-11-20
Corporation:
NTMTCC 996
Date:
2018-11-20
Summary:
In the case of Namasivayam Thayaparan v Metropolitan Toronto Condominium Corporation No. 996 (2018 ONCAT 20), a Consent Order was issued on November 20, 2018, without a hearing. The Applicant and Respondent, Metro Toronto Condominium Corporation 996, reached an agreement. The applicant requested specific documents related to exterior work and financial details, and MTCC 996 consented to provide them in electronic format.
Under:
CAT Decisions - Consent Order
Access to Records
Verdict:
The case of Namasivayam Thayaparan v Metropolitan Toronto Condominium Corporation No. 996 was settled through a Consent Order under section 1.47 of the Condominium Act, 1998. The applicant requested specific documents in electronic format related to contractor's invoices and financial reports, and the respondent agreed to provide them. The lesson from this case emphasizes the effectiveness of online systems for settling disputes and highlights the importance of maintaining transparency and promptly complying with requests for access to records in condominium matters.
Takeaways:
Consent Order Resolution: The case the applicant and Metropolitan Toronto Condominium Corporation No. 996 was resolved through a Consent Order issued by CAT Member Susan Sapin on November 20, 2018. The parties agreed to settle the matter without a hearing.
Document Requests: The Applicant, sought specific documents related to exterior work and financial details. The Respondent, Metro Toronto Condominium Corporation 996, represented by another, consented to providing these documents in electronic format.
Ordered Documents: The ordered documents include contractor's invoices for exterior work, full statements of the Reserve Fund, and various financial details outlined in the Auditor's Report.
Electronic Format: The documents requested by Thayaparan are to be provided in electronic format as per the Consent Order.
Enforcement: The Consent Order specifies that compliance with its terms is enforceable through the Ontario Superior Court of Justice if either party fails to comply.
Recommendations:
Detailed Record Keeping: Condominium corporations should maintain detailed records, including invoices and financial reports, to ensure transparency and compliance with requests for information. This will help avoid disputes and streamline the process when owners seek access to specific documents.
Electronic Document Submission: Utilizing electronic formats for document submissions, as seen in this case, can enhance efficiency and accessibility. Encouraging parties to use online systems for requests and responses can expedite the resolution of disputes related to access to records.
Mediation and Consent Orders: Parties involved in condominium disputes should consider mediation as a viable option for resolving issues without the need for a formal hearing. Consent orders, as demonstrated in this case, can facilitate a swift resolution when both parties agree on specific terms, saving time and resources.