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Scott Le v Peel Standard Condominium Corporation No. 868 - 2019 ONCAT 42 - 2019-10-11

Corporation:

SLPSCC 868

Date:

2019-10-11

Under:

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

Summary:

In the case of Scott Le v Peel Standard Condominium Corporation No. 868, the parties reached a Consent Order to settle their dispute regarding access to condominium records and associated fees. The Applicant acknowledged that the Respondent had agreed to provide the requested records, while the Respondent admitted to delays in providing itemized responses and access methods for certain records. The Consent Order outlined specific terms and conditions, including record access deadlines and reimbursement of the Applicant's filing fees. It also established guidelines for future record requests and responses. The order could be enforced by the Ontario Superior Court of Justice if either party fails to comply.

Verdict:

The Consent Order in the case of Scott Le v Peel Standard Condominium Corporation No. 868 demonstrates the effectiveness of alternative dispute resolution methods, allowing parties to reach an agreement without a formal hearing. It emphasizes the importance of clear communication and procedural adherence when handling record requests and associated fees in condominium disputes, and provides a mechanism for enforcement in case of non-compliance.

Takeaways:

Consent Order Resolution: The parties, the Applicant and Peel Standard Condominium Corporation No. 868 (the Respondent), agreed to settle their dispute regarding access to condominium records and associated fees through a Consent Order.

Acknowledgment of Agreement: The Applicant acknowledged that the Respondent had agreed to provide the requested records, and the Respondent acknowledged delays in providing itemized responses and access methods for certain records.

Terms and Conditions: The Consent Order outlined specific terms and conditions, including deadlines for providing requested records and reimbursement of the Applicant's filing fees.

Future Request Protocols: The Order established guidelines for future record requests and responses, emphasizing the use of official Request for Records forms and itemized responses.

Enforcement: The Consent Order can be enforced by the Ontario Superior Court of Justice in case of non-compliance by either party, ensuring that the agreed-upon terms are upheld.

Recommendations: 

Clear Communication: Parties involved in condominium disputes should maintain clear and timely communication, ensuring that all requests for records are well-documented and specify the method of access to avoid misunderstandings and delays.

Consent Orders: Consider the use of consent orders when parties reach an agreement, as demonstrated in this case, to efficiently resolve disputes without the need for formal hearings, provided both parties are in agreement.

Compliance and Enforcement: Ensure that agreements reached are enforceable by clearly outlining terms and conditions, as seen in this consent order, and including mechanisms for compliance and enforcement in the event of non-compliance, such as recourse to the judicial system.

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