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Choose your role:
Wilson v. York Condominium Corporation No. 133 - 2022 ONCAT 6 - 2022-01-17
Corporation:
WYCC 133
Date:
2022-01-17
Summary:
In the case of Wilson v. York Condominium Corporation No. 133, the parties, the Applicant and York Condominium Corporation No. 133 (YCC 133, the Respondent), have reached a Consent Order to settle their dispute regarding access to records. They have agreed on specific terms, including the provision of paper copies of records and notifications to the applicant. These terms ensure that Mr. Wilson will have access to relevant documents and communications through regular mail.
Under:
CAT Decisions - Consent Order
Access to Records
Entitlement to Records
Verdict:
The case of Wilson v. York Condominium Corporation No. 133 was resolved through a Consent Order, demonstrating the effectiveness of cooperative settlement in condominium disputes related to access to records. The order specifies the provision of paper copies of requested records and mandates future communication by regular mail to the Applicant unless specific legal requirements dictate registered mail. Importantly, the Tribunal emphasizes that the case has been fully resolved in Stage 2, with no possibility of reopening, and outlines the legal enforcement process for non-compliance. This case underscores the importance of finding mutually agreeable solutions and adherence to legal requirements in condominium disputes.
Takeaways:
Settlement through Consent Order: The case of Wilson v. York Condominium Corporation No. 133 was settled through a Consent Order, demonstrating the parties' agreement to resolve the matter cooperatively.
Access to Records: The dispute centered around access to specific records, including invoices and purchase orders, relating to the condominium corporation.
Paper Copies of Records: As part of the agreement, the Respondent, YCC 133, agreed to provide the Applicant with paper copies of the requested records for pickup at the management office.
Future Communication: The Consent Order also stipulated that YCC 133 would provide the applicant with paper copies of all communications and notifications to owners through regular mail unless other legal requirements dictated registered mail.
Closure of Case: The Tribunal ordered the file to be closed, signifying the full resolution of the case in Stage 2, with no possibility of reopening, and outlined the legal enforcement process if the terms of the order were not met.
Recommendations:
Encourage Dispute Resolution through Mediation: This case highlights the effectiveness of resolving condominium disputes through mediation and consent orders. Encourage parties to engage in mediation to reach mutually acceptable solutions, saving time and resources for all parties involved.
Clarity in Record Access: Condominium corporations should ensure clarity in providing access to records to owners as per legal requirements. It's important to follow the Condominium Act, declaration, or by-laws when delivering documents, and establish a standard procedure for delivering records to owners.
Legal Enforcement Awareness: Parties should be aware that in case of non-compliance with Consent Orders, they can be enforced through the Ontario Superior Court of Justice. This awareness may motivate parties to adhere to the agreed-upon terms, promoting smoother dispute-resolution processes.