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Choose your role:
Wolfgang Pantelmann v Bruce Standard Condominium Corporation #28 - 2019 ONCAT 34 - 2019-08-23
Corporation:
WPBSCC 28
Date:
2019-08-23
Summary:
This case, Wolfgang Pantelmann v Bruce Standard Condominium Corporation #28, was resolved through a Consent Order in the Condominium Authority Tribunal's (CAT) Stage 2 - Mediation. The Applicant and the Respondent reached an agreement, with the Respondent agreeing to provide electronic copies of various records requested by the Applicant. The records were to be provided free of charge, redacted as necessary, and included documents such as the Condominium Corporation Declaration, By-Laws, Rules, and financial statements. Additionally, the Respondent agreed to pay the Applicant $75.00 to cover CAT fees and an additional $500.00 within 30 days. Both parties consented to closing the file, and it was specified that failure to comply with the Consent Order could be enforced through proceedings in the Ontario Superior Court of Justice.
Under:
CAT Decisions - Consent Order
Access to Records
Entitlement to Records
Fees, Costs, Penalties
Verdict:
Quick Verdict:
The dispute between Wolfgang Pantelmann and Bruce Standard Condominium Corporation #28 was settled through a Consent Order in the Condominium Authority Tribunal's mediation process. This Order mandated the provision of electronic records to the Applicant, financial compensation, and outlined enforceability through court proceedings if either party failed to comply. The case highlights how parties can reach mutually agreeable resolutions via CAT mediation, leading to legally binding consent orders, thus avoiding further litigation.
Key Lesson:
Resorting to mediation within the Condominium Authority Tribunal can lead to efficient and satisfactory resolutions, allowing both parties to define the terms of their agreement and avoid prolonged legal battles.
Takeaways:
Resolution Through Consent Order: The dispute in Wolfgang Pantelmann v Bruce Standard Condominium Corporation #28 was settled through a Consent Order in the Condominium Authority Tribunal's Stage 2 - Mediation. Both the Applicant and the Respondent agreed to the terms of this order.
Provision of Records: The Respondent, Bruce Standard Condominium Corporation #28, was required to provide electronic copies of various records requested by the Applicant as per a Request for Records submitted by the Applicant. These records included condominium declaration, by-laws, rules, financial statements, and more.
Financial Compensation: The Respondent agreed to pay the Applicant $75.00, covering CAT fees for negotiation and mediation stages, and an additional $500.00. These payments were to be made within 30 days of the Consent Order's issuance.
Enforceability: The Consent Order made it clear that failure by either party to comply with the order could be enforced through proceedings in the Ontario Superior Court of Justice.
File Closure: Both parties consented to the closing of the file, and it was stated that this application could not be reopened.
Recommendations:
Utilize Mediation for Dispute Resolution: Parties involved in condominium-related disputes should consider utilizing the mediation process offered by the Condominium Authority Tribunal (CAT) as it can lead to efficient and mutually agreeable resolutions, reducing the need for protracted litigation.
Clear and Comprehensive Consent Orders: When settling disputes through consent orders, ensure that the terms are specific, clear, and comprehensive. Clearly outline the responsibilities of each party, deadlines for compliance, and the consequences of non-compliance to avoid future conflicts.
Ensure Compliance and Enforcement: Parties should be aware that consent orders are legally binding. It's essential to follow through with the agreed-upon terms and promptly address any non-compliance. Knowing that non-compliance can be enforced through legal proceedings in the Ontario Superior Court of Justice underscores the importance of adhering to the order's terms.