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Procwat v. Wentworth Condominium Corporation No. 96 - 2023 ONCAT 157 - 2023-10-27

Corporation:

PWCC 96

Date:

Fri Oct 27 2023 00:00:00 GMT+0000 (Coordinated Universal Time)

Under:

CAT Decisions - Consent Order
Access to Records

Summary:

In the case of Procwat v. Wentworth Condominium Corporation No. 96 (2023 ONCAT 157), a Consent Order was issued under section 1.47 of the Condominium Act, 1998. The applicant and the respondent, Wentworth Condominium Corporation No. 96, settled the dispute in Stage 3 - Tribunal Decision. The order mandates that WCC 96 provides specified core records to the applicant, including financial documents and future funding plans. WCC 96 agrees to pay $150.00 for Tribunal filing fees and a $5,000.00 penalty, with a credit to the applicant's common expenses. The respondent will furnish 2022 financial statements and an auditor's report by November 7, 2023. Non-compliance may lead to enforcement through the Ontario Superior Court of Justice.

Verdict:

Verdict/Lesson:
The Condominium Authority Tribunal (CAT) issued a Consent Order in Procwat v. Wentworth Condominium Corporation No. 96, closing the case in Stage 3 - Tribunal Decision as the parties reached an agreement. Wentworth Condominium Corporation No. 96 agreed to provide specified records to the applicant and pay her $150.00 for Tribunal filing fees and a penalty of $5,000.00, with arrangements to credit her toward common expenses to ensure she doesn't bear any financial burden related to the penalty, filing fees, and legal fees incurred during the proceeding.

Takeaways:

In Procwat v. Wentworth Condominium Corporation No. 96, the Condominium Authority Tribunal (CAT) issued a Consent Order resolving the dispute over access to records. The Parties agreed to settle in Stage 3 - Tribunal Decision. Wentworth Condominium Corporation No. 96 (WCC 96) consented to provide the applicant with specific core records, including periodic information certificates, financial statements, auditor's reports, and the reserve fund's future funding plan. WCC 96 agreed to pay the applicant $150.00 for Tribunal filing fees and a penalty of $5,000.00. To prevent the applicant from bearing any of these costs, WCC 96 will credit her unit's common expenses with an amount equivalent to her share of the penalty, filing fees, and legal fees incurred by WCC 96 in the proceeding. The order can be enforced through the Ontario Superior Court of Justice if not complied with.

Recommendations: 

Education on Access to Records:

Develop and disseminate educational materials to condominium owners, self-represented individuals, and condominium corporations, explaining the rights and obligations regarding access to records under the Condominium Act, 1998.
Conduct workshops or informational sessions to ensure that both owners and condominium corporations are aware of the process, timelines, and obligations related to providing access to records.
Enhanced Communication Protocols:

Encourage the establishment of clear and efficient communication protocols between condominium owners and corporations to facilitate the timely exchange of information.
Provide guidelines or resources on effective communication practices during the dispute resolution process, emphasizing transparency and cooperation.
Standardized Dispute Resolution Procedures:

Work towards the development and promotion of standardized procedures for dispute resolution in cases related to access to records.
Provide a framework or checklist that parties can follow to streamline the resolution process, ensuring that the rights of condominium owners are respected, and disputes are resolved more efficiently.

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