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Philip McDonald v York Region Condominium Corporation No. 825 - 2020 ONCAT 12 - 2020-05-05

Corporation:

PMYRCC 825

Date:

2020-05-05

Under:

CAT Decisions - Decision
Compliance with Settlement Agreement
Fees, Costs, Penalties

Summary:

In the case of Philip McDonald v. York Region Condominium Corporation No. 825, a Consent Order was reached in the Condominium Authority Tribunal's Stage 2 Mediation. The applicant sought specific documentation from the respondent, York Region Condominium Corporation No. 825, regarding a reserve fund study and records related to window replacement. The respondent provided the requested documents and reimbursed the applicant for the application fees. The respondent also clarified that window replacement had been delayed due to the COVID-19 pandemic, resulting in no records reflecting the costs of installation. The applicant accepted this explanation and received the provided documents and fees. As a result, the case was closed, and the Tribunal emphasized that it cannot be reopened.

Verdict:

This case demonstrates the effectiveness of the Condominium Authority Tribunal's mediation process in resolving disputes. It underscores the importance of parties providing requested documentation to address adequacy of records and related issues. Delays in condominium projects due to external factors, such as the COVID-19 pandemic, were considered when assessing the absence of certain records. The case also shows a cooperative approach with the reimbursement of application fees. Once resolved, the Tribunal emphasizes the finality of the decision and the inability to reopen the application, providing closure to the matter.




Takeaways:

Resolution through Mediation: The case between the applicant and York Region Condominium Corporation No. 825 was resolved through mediation in the Condominium Authority Tribunal's Stage 2 Mediation process. This highlights the effectiveness of mediation in settling disputes.

Document Provision: The respondent, YRCC# 825, provided the applicant with specific documentation requested, including the 2018 Reserve Fund Study and records related to window replacement, as outlined in the Consent Order. This emphasizes the importance of providing requested records to address disputes.

Impact of COVID-19: The case acknowledged that delays in window replacement were due to the COVID-19 pandemic, resulting in no records reflecting the costs of installation. This illustrates how external factors, such as the pandemic, can affect the progress of condominium projects.

Cost Reimbursement: The respondent reimbursed the applicant for the CAO Application fees, indicating a willingness to address associated costs and demonstrating cooperation in the resolution process.

Case Closure: With the consent of both parties, the case was closed, and it was emphasized that this application cannot be reopened, providing finality to the resolution.

Recommendations: 

Mediation as a Dispute Resolution Tool: This case highlights the value of mediation in resolving condominium disputes. Parties should consider utilizing mediation to reach mutually agreeable solutions, saving time and resources compared to lengthy legal proceedings.

Adaptation to External Factors: When evaluating records retention and adequacy, it's important to consider external factors that might affect record-keeping, as seen in the context of COVID-19-related delays. Condominium corporations should ensure their practices account for such contingencies.

Transparency in Reimbursements: When reimbursing fees, ensure transparency and clarity in the process. In this case, the respondent agreed to reimburse the applicant's CAO Application fees, demonstrating cooperation. A clear procedure for such reimbursements should be in place to avoid disputes and ensure a smooth process.

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