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Rosa Estanol v York Condominium Corporation No. 299 - 2019 ONCAT 12 - 2019-01-21
Corporation:
REYCC 299
Date:
2019-01-21
Summary:
In the case of Rosa Estanol v York Condominium Corporation No. 299, a consent order was issued by the Condominium Authority Tribunal. The matter was resolved through Stage 2 mediation. The Respondent, York Condominium Corporation No. 299, provided the Applicant with the requested records related to "Reserve Fund Studies" from 2012 to 2018 and the Current Plan for Future Funding of the Reserve. Additionally, the Respondent provided the Reserve Fund Study from 2010. As a result, the Tribunal closed the case with the consent of both parties. The application cannot be reopened.
Under:
CAT Decisions - Consent Order
Access to Records
Verdict:
In the case of Rosa Estanol v. York Condominium Corporation No. 299, the dispute over access to records was efficiently resolved through Stage 2 mediation. The respondent provided the requested records, and with the consent of both parties, a consent order was issued to close the case. This case demonstrates the effectiveness of mediation in promptly resolving access to records issues in condominium disputes, ensuring compliance with legal requirements.
Takeaways:
Resolution through Mediation: The dispute in this case was fully resolved during Stage 2 mediation. This demonstrates the effectiveness of mediation as a method for resolving issues related to access to records in condominiums, avoiding the need for a formal hearing.
Records Provided: The Respondent, York Condominium Corporation No. 299, complied with the Applicant's request for records. They provided the requested "Reserve Fund Studies" covering the period from 2012 to 2018, as well as the Current Plan for Future Funding of the Reserve. Additionally, the Respondent supplied the Reserve Fund Study dated 2010, meeting the Applicant's requirements.
Consent Order: The parties reached a consent order, indicating their mutual agreement to resolve the matter without the need for further legal proceedings.
Case Closure: As a result of the successful resolution and the consent of both parties, the Condominium Authority Tribunal ordered the closure of Case 2018-00362R. This order signifies that the application cannot be reopened, and the matter is considered officially closed.
Compliance with Legal Requirements: This case highlights the importance of condominium corporations complying with requests for records under the Condominium Act, 1998, and the potential for resolution through mediation.
Recommendations:
Mediation as a Preferred Method: This case highlights the effectiveness of mediation in resolving disputes related to access to records in condominium matters. Parties involved in similar disputes should consider mediation as an initial step to seek an amicable resolution, which can save time and resources.
Timely Compliance with Record Requests: Condominium corporations should strive to promptly and fully comply with requests for records under the Condominium Act, 1998. Providing the requested records in a timely manner can help prevent unnecessary legal proceedings and promote transparency within the condominium community.
Consent Orders for Closure: In cases where disputes are fully resolved and both parties are in agreement, the use of consent orders to formally close the case is recommended. This ensures that the matter is officially closed and cannot be re-opened, providing closure for all parties involved.