CAT Decisions

Decision Information

Craig Diefenbacher v Waterloo Standard Condominium Corporation No. 433

Collection CAT Decisions
Date 2019-03-12
Neutral citation 2019 ONCAT 15
File numbers 2018-00426R
Decision-maker(s) Aly N. Alibhai
Decision type Consent Order
Dispute types Access to Records
Entitlement to Records
Fees, Costs, Penalties
Law Order under section 1.47 of the Condominium Act, 1998

Decision Content

CONDOMINIUM AUTHORITY TRIBUNAL
CONSENT ORDER

DATE: March 12, 2019
CASE: 2018-00426R
Citation: Craig Diefenbacher v Waterloo Standard Condominium Corporation No. 433, 2019 ONCAT 15

Order under section 1.47 of the Condominium Act, 1998.

Mediator: Aly N. Alibhai

The Applicant

Craig Diefenbacher

Self-Represented


The Respondent
Waterloo Standard Condominium Corporation No. 433


Represented by Christopher Mendes

 

CONSENT ORDER

[1]       The application was settled by the Applicant, Craig Diefenbacher, and the Respondent, Waterloo Standard Condominium Corporation No. 433, in the Condominium Authority Tribunal’s (the “CAT”) Stage 2 Mediation.

 

[2]       The Users have resolved the case in mediation as follows:

1.         The Respondent will provide to the Applicant the records requested in the amended Request for Records dated September 6, 2018, within thirty (30) days of the issuance of the Consent Order by the CAT;

a)        the records will be provided by the Respondent to the Applicant at no cost to the Applicant;

b)        the records will be redacted by the Respondent in accordance with the provisions s.55(4) of the Condominium Act, 1998;

c)        the records to be provided by the Respondent to the Applicant include the: (i) Board Meeting Minutes from November 1, 2017 through to September 6, 2018 inclusive; (ii) quotations received and purchase orders made regarding work to common elements and unit number 22 between November 1, 2017 and September 6, 2018; (iii) opinions/recommendations received by the Respondent regarding the pine tree to the rear of unit number 22;

2.         The Respondent will pay to the Applicant the amount of $75.00 within thirty (30) days of issuance of the Consent Order by the CAT, such amount representing the CAT fees paid by the Applicant for the negotiation and mediation stages of the CAT process;

3.         the Respondent will pay the Applicant the amount of $500.00 within thirty (30) days of issuance of the Consent Order by the CAT;

4.         the terms of the settlement as set out in this Consent Order shall not be treated as confidential.

[3]       The Applicant and Respondent have each consented to the closing of this file, as there are no further actions required to be taken in this matter in relation to the amended Request for Records dated September 6, 2018.

[4]       The Tribunal orders that this file be closed and that this case has been fully resolved in Stage 2 Mediation. This application cannot be re-opened.

______________________
Aly N. Alibhai
Member, Condominium Authority Tribunal

 

Released on: March 12, 2019

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