CONDOMINIUM AUTHORITY TRIBUNAL
CONSENT ORDER
DATE: October 11, 2019
CASE: 2019-00186R
Citation: Scott Le v Peel Standard Condominium Corporation No. 868, 2019 ONCAT 42
Order under s. 1.47 of the Condominium Act, 1998.
Member: Mary Ann Spencer, Member
|
Scott Le |
Self-Represented |
|
|
|
CONSENT ORDER
[1] The Applicant, Scott Le, and the Respondent, Peel Condominium
Corporation No. 868, have reached an agreement to settle this case and have
requested that their agreement be incorporated into a Consent Order from the
Tribunal.
[2]
In reaching this agreement, the Applicant
acknowledges that the Respondent has at all times been in agreement to provide
the requested records, as demonstrated by the Board’s Response to Request for
Records dated August 26, 2019. The Applicant also acknowledges that his Request
for Records dated July 19, 2019 did not specify a method of access with respect
to the proxies for the AGM. The Respondent acknowledges that the Board’s
Response to Request for Records was not provided within the required 30 days
and did not itemize the method of access and/or the estimated fees for each of
the requested records.
[3]
The Tribunal therefore orders that this case
has been resolved without a hearing on consent of the parties, based on the
following terms and conditions:
1.
The Respondent agrees to provide the Applicant
with the records requested in the Applicant’s July 19, 2019 Request for Records
as set out in the revised Board’s Response to Request for Records posted to the
Online Dispute Resolution platform on October 2, 2019. Specifically:
a) the requested Board minutes and the Record of Owners and Mortgagees will be provided by no later than October 15, 2019, and,
b)
the proxies submitted with respect to the
Respondent’s AGM will be provided within 7 days of receipt of the fee of
$84.00.
2. The Respondent agrees to reimburse the Applicant's filing fees in relation to this case in the amount of $75.00 within 30 days of the date of this order.
3. The Applicant agrees to submit all future requests for records on a Request for Records form rather than sending e-mails or making inquiries in person to property management about the records.
4. The Respondent agrees to respond to any future Requests for Records forms received from the Applicant using the Board's Response to Request for Records form on which it will provide an itemized response to each requested record. If the Respondent agrees to provide access to the records, the Response will include the method of access and the estimated labour and copying fees, if any. In cases where the Respondent does not agree to allow the Applicant to examine or obtain a copy of the requested record, reasons will be provided.
Compliance
If
either Scott Le or Peel Standard Condominium Corporation No. 868 fails to
comply with any of the terms of this order, it may be enforced by the Ontario
Superior Court of Justice.
______________________
Mary Ann Spencer
Member, Condominium Authority Tribunal
Released on: October 11, 2019