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Yingying Liu & Toronto Standard Condominium Corporation No. 2329 - 2018 ONCAT 9 - 2018-09-13

Corporation:

YLTSCC 2329

Date:

2018-09-13

Under:

CAT Decisions - Decision
Access to Records
Fees, Costs, Penalties

Summary:

In the case of Yingying Liu v Toronto Standard Condominium Corporation No. 2329 (2018 ONCAT 9), a decision was reached under section 1.44 of the Condominium Act, 1998. The Applicant requested financial records and records related to a shared facilities agreement from the Respondent, Toronto Standard Condominium Corporation No. 2329. Despite initial concerns about the adequacy of the request, the Respondent's counsel provided nineteen records through the Condominium Authority Tribunal's Online Dispute Resolution system. The Applicant reviewed the records and was satisfied. Both parties confirmed resolution, avoiding the need for further hearing. No costs were raised, and each party bears their own costs. The case is ordered closed.

Verdict:

In the case of Yingying Liu v Toronto Standard Condominium Corporation No. 2329, the dispute over access to financial records and shared facilities agreement records was resolved amicably before reaching a Stage 3 Tribunal Decision. The Users, including the self-represented applicant and the condominium corporation, successfully worked together through the Condominium Authority Tribunal's Online Dispute Resolution system, resulting in a mutually agreeable outcome, demonstrating the effectiveness of communication and cooperation in resolving condominium-related disputes without the need for a formal hearing.

Takeaways:

Efficient Online Resolution: The dispute between Yingying Liu and Toronto Standard Condominium Corporation No. 2329 was efficiently resolved through the Condominium Authority Tribunal's Online Dispute Resolution system (CAT-ODR), showcasing the effectiveness of online platforms in resolving access to records disputes.

Voluntary Record Provision: Despite questioning the adequacy of the records request, the counsel for the respondent provided nineteen records to the applicant through the CAT-ODR system. This highlights a voluntary effort to address the applicant's concerns and engage in the resolution process.

Applicant Satisfaction: The applicant reviewed the records provided by the respondent and expressed satisfaction, leading to the confirmation that the issues were resolved and there was no need for further proceedings.

Commendation for Collaboration: The adjudicator commended both parties for working together to find a mutually agreeable outcome. Additionally, their communications on the CAT-ODR system facilitated a shared understanding of addressing concerns beyond the tribunal's jurisdiction.

Costs Consideration: In this case, costs were not raised for consideration, and each party is to bear their own costs for participation in the proceedings, emphasizing a fair and equitable resolution.

Recommendations: 

Facilitate Clear Communication on the CAT-ODR System:
Encourage condominium corporations and unit owners to use the Condominium Authority Tribunal’s Online Dispute Resolution system (CAT-ODR system) as a platform for clear and effective communication. Develop guidelines or resources to help users understand how to communicate on the platform, ensuring that important information is exchanged, and concerns are addressed in a constructive manner. This can contribute to efficient dispute resolution and shared understanding.

Promote Early Resolution Efforts:
Promote the idea of early resolution among condominium stakeholders. Encourage unit owners and condominium corporations to proactively engage in discussions and efforts to resolve disputes at the earliest stage possible. Early resolution can prevent escalation of conflicts, save time and resources, and contribute to a more harmonious condominium community.

Provide Education on Record Request Adequacy:
Offer educational resources to unit owners and condominium corporations on how to formulate clear and adequate records requests. This includes explaining the type of information needed, using appropriate channels, and ensuring completeness. Enhanced understanding of records request processes can help prevent misunderstandings, streamline the retrieval process, and potentially reduce the need for tribunal involvement.

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