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Choose your role:
Verjee v. York Condominium Corporation No. 43 - 2023 ONCAT 19 - 2023-02-08
Corporation:
VYCC 43
Date:
2023-02-08
Summary:
The case of Verjee v York Condominium Corporation No. 43 involved an application for access to records under section 147 of the Condominium Act, 1998. The applicant and the respondent, York Condominium Corporation No. 43, reached a settlement agreement in Stage 2 - Mediation. The consent order stated that the respondent would provide the applicant with unaudited financial statements for April 2022, redacted as necessary, along with a statement of redactions, and the link to the audio/video recording of the May 18, 2022 AGM. In addition, the respondent was ordered to provide the applicant with a payment of $7,500 for Tribunal filing fees and $30,000 for the denial of access to records and to resolve all issues in the application. Failure to comply with the terms of the consent order could lead to enforcement through the Ontario Superior Court of Justice.
Under:
CAT Decisions - Consent Order
Access to Records
Entitlement to Records
Verdict:
This case emphasizes the effectiveness of Consent Orders in resolving condominium disputes, offering a faster and less formal method of settling issues. It also underscores the importance of ensuring access to necessary records and the enforceability of these orders through the legal system if not followed by the parties involved.
Takeaways:
Key Takeaways (3-5):
Consent Order Resolution: This case between the applicant and York Condominium Corporation No. 43 was resolved through a Consent Order in Stage 2 - Mediation. This method allows parties to settle their dispute without the need for a formal hearing.
Access to Records: The dispute in this case revolved around access to records, a common issue in condominium settings. The order specifies the records that must be provided to the applicant.
Resolution Terms: The Consent Order outlines specific deadlines for providing documents and monetary compensation to the applicant. Compliance with these terms is expected.
Enforceability: The order explicitly states that if any party fails to comply with its terms, it can be enforced through the Ontario Superior Court of Justice, highlighting the legal weight of such orders.
Recommendations:
Recommendations:
Negotiation and Mediation: When involved in a condominium dispute, consider engaging in negotiation and mediation before pursuing a formal hearing. Consent Orders, as demonstrated in this case, provide a faster and more amicable way to resolve issues without the need for a full hearing.
Clarity in Consent Orders: When entering into Consent Orders, it is crucial to ensure that all terms and conditions are clearly outlined. Both parties should have a complete understanding of their obligations and deadlines to prevent any future disputes.
Adherence to Order Terms: Parties must strictly adhere to the terms of Consent Orders. Failure to comply with the order may result in legal enforcement through the Ontario Superior Court of Justice, potentially leading to additional costs and complications.
Transparency in Record Access: Condominium corporations should be transparent and cooperative when providing access to records, as required by the Condominium Act. This can help prevent disputes and costly legal proceedings.