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Ogunro v. Wentworth Condominium Corporation No. 96 - 2021 ONCAT 121 - 2021-12-20

Corporation:

OWCC 96

Date:

2021-12-20

Under:

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

Summary:

In the case of Ogunro v. Wentworth Condominium Corporation No. 96 (2021 ONCAT 121), a Consent Order was issued by the Condominium Authority Tribunal (CAT) on December 20, 2021. The dispute, which involved access to records and entitlement to records, was settled during Stage 2 - Mediation within the CAT's online dispute resolution system. The Consent Order stipulated that the Respondent (Wentworth Condominium Corporation No. 96) would reimburse the Applicant (Joy Ogunro) for their filing fees of $75 within 30 days. Both parties agreed to the terms, and the CAT ordered the closure of the case, marking it as fully resolved in Stage 2 Mediation. The order also mentioned that non-compliance could be enforced through the Ontario Superior Court of Justice.

Verdict:

In the case of Ogunro v. Wentworth Condominium Corporation No. 96, a Consent Order was issued to resolve the dispute through mediation, with the Respondent agreeing to reimburse the Applicant's filing fees. This case illustrates the effectiveness of alternative dispute resolution methods in condominium disputes, emphasizing the enforceability of such agreements through legal channels to ensure compliance with the agreed-upon terms.

Takeaways:

Takeaways from Ogunro v. Wentworth Condominium Corporation No. 96 (2021 ONCAT 121):

Mediation Resolution: The parties in this case opted for mediation and reached an agreement in Stage 2 - Mediation. This highlights the effectiveness of mediation in resolving condominium-related disputes and can potentially save time and resources compared to more protracted legal proceedings.

Consent Orders: The Condominium Authority Tribunal (CAT) can close cases during Stage 2 - Mediation if the parties agree to a consent order that resolves the dispute. Consent orders provide a structured framework for resolving issues to the satisfaction of both parties.

Reimbursement of Fees: In this case, the Respondent agreed to reimburse the Applicant's filing fees of $75 within 30 days as part of the settlement. This demonstrates that financial matters, including fee reimbursement, can be included in consent orders.

Finality of CAT Orders: Once a case has been resolved and a consent order issued, the CAT emphasizes the finality of the decision by stating that the case cannot be reopened. This ensures closure and clarity for the parties involved.

Enforcement Mechanism: The order stipulates that non-compliance with the terms of the order can be enforced through the Ontario Superior Court of Justice, underlining the legal enforceability of CAT decisions.

Recommendations: 

Recommendations based on Ogunro v. Wentworth Condominium Corporation No. 96 (2021 ONCAT 121):

Promote Mediation in Dispute Resolution: Encourage parties involved in condominium-related disputes to consider mediation as an effective means of resolving issues. Mediation can lead to quicker and more mutually satisfactory resolutions, reducing the burden on both the parties and the legal system.

Utilize Consent Orders: Parties engaged in mediation should be made aware of the option to formalize their agreement through consent orders. These orders provide a structured and enforceable framework for resolving disputes, including matters related to access to records and associated fees.

Stipulate Clear Compliance Terms: Consent orders should explicitly outline terms and conditions agreed upon by the parties. In cases where reimbursement of fees or other obligations is part of the resolution, the order should define clear timelines and consequences for non-compliance. This ensures that parties understand their obligations and the potential consequences of failing to comply.

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