CAT Decisions

CONDOMINIUM AUTHORITY TRIBUNAL

DATE: April 12, 2021
CASE: 2021-00079R

Citation: Harrison v. Toronto Standard Condominium Corporation No. 2714, 2021 ONCAT 29

Order under section 1.47 of the Condominium Act, 1998.

Member: Marc Bhalla, Member

The Applicant,
Angelo Harrison
Represented by Ann Marie Marchand, Agent

The Respondent,
Toronto Standard Condominium Corporation No. 2714
Represented by Kevin Cousins, Agent

CONSENT ORDER

[1]       In the Condominium Authority Tribunal’s (CAT) online dispute resolution 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 Parties agree to the CAT making a consent order that resolves the dispute.

[3]       With the consent of the Parties, 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 the Respondent agree that the Respondent will provide the Applicant with the following within 30 days of the date of this order and agree that the listed records may be redacted to remove reference to any specific owner's name or unit with the exception of the Applicant’s:

1.         Board Meeting Minutes of October 2020 with an accompanying statement confirming the identity of the meeting chair.

2.         Board Meeting Minutes of November 2020 with an accompanying statement confirming the identity of the meeting chair.

3.         The prescribed Board’s Response to Request for Records form (as found at https://www.condoauthorityontario.ca/resources/condominium-forms/) indicating that the Board did not have a meeting in December 2020.

4.         The following in respect of the Respondent’s unaudited financial statements of October 2020:

a.        Payable - Aging Summary

b.        Payment Summary

c.         Bank Reconciliation

d.        Bank Statements

e.        Utility Logs

f.          General Ledger.

5.         The following in respect of the Respondent’s unaudited financial statements of November 2020:

a.        Balance Sheet Analysis

b.        Payable - Aging Summary

c.         Payment Summary

d.        Bank Reconciliation

e.        Bank Statements

f.          Utility Logs

g.        General Ledger.

6.         The following in respect of the Respondent’s unaudited financial statements of December 2020:

a.        Payable - Aging Summary

b.        Payment Summary

c.         Bank Reconciliation

d.        Bank Statements

e.        Utility Logs

f.          General Ledger.

7.         A full set of the condominium’s governing documents that are currently in full force and effect (Declaration, By-laws and Rules).

8.         Scrutineer’s Reports of December 14, 2020 and January 12, 2021 by way of the dashboard presented by Get Quorum and including:

a.        List of all voting receipts

b.        Vote Tallies (for every vote taken at the meeting)

c.         Proxy Vote Count

d.        Proxies

e.        Voter List Report (Attendance List) -shows Unit Numbers in Attendance (Name/Email/IP Address are redacted)

f.          Ballot Data Report -shows Ballot ID, Vote and Date Created.

9.         Reimbursement of the Applicant’s filing fees of $75.

The Applicant and the Respondent agree to otherwise bear their own costs in respect of this matter and confirm that all issues involved in this case are resolved on the basis set out in this order.

COMPLIANCE

[5]       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.

Released on: April 12, 2021