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Williams v. Wentworth Standard Condominium Corporation No. 439 - 2021 ONCAT 7 - 2021-01-28

Corporation:

WWSCC 439

Date:

2021-01-28

Under:

CAT Decisions - Consent Order
Access to Records
Adequacy of Records
Records Retention

Summary:

In the case of Williams v. Wentworth Standard Condominium Corporation No. 439, a consent order was issued on January 28, 2021, under section 1.47 of the Condominium Act, 1998. The dispute revolved around access to specific records. The order signifies that both the applicant and the respondent, Wentworth Standard Condominium Corporation No. 439, agreed to settle the case through mediation. As per the consent order, the respondent agreed to provide the applicant with finalized copies of the 2015 and 2018 Reserve Fund Studies related to the corporation. These documents were to be made available through the Condominium Authority Tribunal Online Dispute Resolution (CAT-ODR) system. The applicant accepted these terms, acknowledging that the provided studies matched those previously supplied by the respondent in response to records requests.

Verdict:

In the case of Williams v. Wentworth Standard Condominium Corporation No. 439, a consent order was issued after both parties agreed to resolve their dispute through mediation. The consent order required the respondent to provide the applicant with the requested Reserve Fund Studies, and the case was considered closed upon agreement. This case underscores the effectiveness of mediation in reaching mutually acceptable resolutions in condominium-related disputes.

Takeaways:

In the case of Williams v. Wentworth Standard Condominium Corporation No. 439, a consent order was issued to resolve the dispute through mediation.

The dispute primarily concerned access to specific records, specifically the 2015 and 2018 Reserve Fund Studies related to the condominium corporation.

Both parties, the applicant (Dave Williams) and the respondent (Wentworth Standard Condominium Corporation No. 439), agreed to the terms of the consent order.

The consent order stipulated that the respondent would provide the applicant with finalized copies of the required Reserve Fund Studies, and these documents would be accessible through the Condominium Authority Tribunal Online Dispute Resolution (CAT-ODR) system.

The applicant accepted these terms, acknowledging that the studies provided through the CAT-ODR system were identical to those previously provided by the respondent in response to the applicant's earlier records requests. The consent order also highlighted the option to enforce compliance through the Ontario Superior Court of Justice if any party failed to meet the terms.

Recommendations: 

Engage in Mediation: Consider mediation as an effective means to resolve condominium-related disputes. The parties in this case reached a mutually acceptable resolution through mediation, demonstrating its potential in settling disputes efficiently.

Maintain Adequate Record Keeping: Condominium corporations should ensure they maintain adequate records, including Reserve Fund Studies, and be prepared to provide them when requested by unit owners. Adequate record keeping is essential for transparency and compliance with the law.

Cooperate and Reach Agreements: Parties involved in condominium disputes should strive for cooperation and seek common ground to reach agreements that benefit all parties. Consent orders, like the one in this case, can help expedite dispute resolution when both parties are willing to work together.

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