CONDOMINIUM AUTHORITY TRIBUNAL
DATE: April 9, 2021
CASE: 2020-00450R
Citation: Mason v. Toronto Standard Condominium Corporation No. 1826, 2021 ONCAT 28
Order under section 1.47 of the Condominium Act, 1998.
Member: Emile Ramlochan, Member
The Applicant,
Audrey Mason
Self-Represented
The Respondent,
Toronto Standard Condominium Corporation No. 1826
Represented by Madalina Petcu
CONSENT ORDER
[1] In the Condominium Authority’s Tribunal online system, the Parties agreed to settle this case in Stage 2 - Mediation.
[2] Under Rule 32.1 of the CAT’s Rules of Practice, the CAT can close a case in Stage 2 - Mediation if the Users agree to the CAT making a consent order that resolves the dispute.
[3] With the consent of the Users, the CAT orders that this case has been resolved, based upon the terms and conditions set out in this consent order.
ORDER
[4] The Applicant and Respondent agree to bring this case before the CAT to a close based on the following terms:
The Respondent Agrees to:
(a) 2020 Annual General Meeting Proxys and Ballot Forms
1. Provide the 2020 Annual General Meeting Proxies and Ballot Forms collected by the corporation up to October 25, 2020. The Proxies and Ballot forms will be redacted in compliance with subsection 55 (4) of the Condominium Act, 1998.
2. The redacted 2020 AGM Proxies and Ballot forms will be provided to the Applicant within two (2) weeks from the date of this Order, and no later than April 23, 2021.
(b) 2020 Annual General Meeting Minutes
1. Provide the 2020 Annual General Meeting Minutes up to and including those created on October 25, 2020. The meeting minutes are to be redacted in compliance with subsection 55 (4) of the Condominium Act, 1998.
2. The 2020 Annual General Meeting Minutes will be provided to the Applicant within two (2) weeks of the date of this Order, and no later than April 23, 2021.
(c) Building Sciences Contract
1. Provide to the Applicant the contract between the Respondent and Buildings Sciences Inc. in effect from 2016 – 2024.
2. This contract will be provided within two (2) weeks of the date of this Order, and no later than April 23, 2021.
[5] The Respondent agrees to reimburse the Applicant the Condominium Authority Tribunal (“CAT”) filing fees valued at $75.00. This reimbursement will be made within one (1) week of the date of this Order by cheque.
[6] To ensure that the Applicant does not have to pay any portion of the reimbursed fees and expenses associated with this Consent Order, the Applicant will be given a credit toward any common expenses that are attributable to the Applicants unit, in the amount equivalent to the Applicants proportionate share of the reimbursed fees and expenses.
COMPLIANCE
[7] If any of the parties fails to comply with any of the terms of this order, it may be enforced through the Ontario Superior Court of Justice.
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Emile Ramlochan |
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Member, Condominium Authority Tribunal |
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Released on: April 9, 2021