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Rimmer v. Peel Standard Condominium Corporation No. 708 - 2021 ONCAT 44 - 2021-05-17

Corporation:

RPSCC 708

Date:

2021-05-17

Under:

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

Summary:

In the case of Rimmer v. Peel Standard Condominium Corporation No. 708, a Consent Order was issued by the Condominium Authority Tribunal (CAT). The dispute involved access to records and fees. The parties reached an agreement during Stage 2 - Mediation, allowing the CAT to make a consent order to resolve the matter. Under the terms of the order, the condominium corporation agreed to provide specific records to the applicant within 30 days and reimburse the applicant for CAT filing fees. The reimbursement would be made within two weeks, and the applicant would receive a credit toward common expenses equivalent to their share of the reimbursed fees. The order also stipulated that non-compliance could result in enforcement through the Ontario Superior Court of Justice.

Verdict:

This case demonstrates the effectiveness of resolving condominium-related disputes through mediation and consent orders. Parties reached an agreement, which included the provision of specific records and reimbursement of filing fees. The order emphasized the enforceability of its terms through the Ontario Superior Court of Justice if necessary.

Takeaways:

Consent Order: This case was resolved through a Consent Order, which is an agreement between the parties that allows for the case's closure based on mutually agreed-upon terms.

Mediation Resolution: The parties reached this Consent Order during Stage 2 - Mediation, demonstrating the effectiveness of mediation in resolving condominium disputes.

Access to Records: The Respondent, Peel Standard Condominium Corporation No. 708, agreed to provide specific records, including audited Financial Statements, to the Applicant within a specified timeframe.

Fees Reimbursement: The Respondent agreed to reimburse the Applicant for Condominium Authority Tribunal (CAT) filing fees, further illustrating the resolution's fairness.

Compliance and Enforcement: The Consent Order includes provisions for compliance, with the option for enforcement through the Ontario Superior Court of Justice in case of non-compliance, underscoring the binding nature of the agreement.

This case highlights the CAT's role in facilitating efficient and mutually agreeable resolutions in condominium-related disputes.

Recommendations: 

Mediation and Consent Orders: Encourage parties involved in condominium-related disputes to explore mediation and consent orders as an effective means of resolving issues. This approach can lead to mutually agreeable solutions, saving time and resources.

Clear Record Provisions: When drafting consent orders related to access to records, ensure that the specifics of what records are to be provided and how they will be transmitted (electronically, physically, etc.) are clearly outlined. This minimizes potential disputes and misunderstandings.

Enforcement Clauses: Include enforceability provisions in consent orders, as seen in this case, to clarify that non-compliance can result in legal enforcement through higher courts. This serves as a deterrent and assures parties that the agreement will be upheld.

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