CONDOMINIUM AUTHORITY TRIBUNAL
DATE: November 15, 2021
CASE: 2021-00365R
Citation: Rangan v. Metropolitan Toronto Condominium Corporation No. 996, 2021 ONCAT 107
Order under section 1.47 of the Condominium Act, 1998.
Member: Emile Ramlochan, Member
The Applicant,
Sriram Rangan
Self-Represented
The Respondent,
Metropolitan Toronto Condominium Corporation No. 996
Represented by Namasivayam Thayaparan, 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 Respondent agree to bring this case before the CAT to a close based on the following terms:
a) Financial Records (the “records”)
[5] Within 30 days of the date of this Order, the Corporation will provide the Applicant with the following financial records for the period ending August 31, 2021:
• Balance Sheet period
• Income Statement
• Investment – Reserve
• Condo Accounts Receivable Aging Notes
• Miscellaneous Receivable – Operating
• Prepaid Expense
• Accounts Payable – Operating
• Accounts Payable – Reserve
• Accrued Liabilities – Operating
• Reserve Fund Schedule
• Reserve Fund Expense
• Bank Reconciliation Report
• Corporation Bank Statements
• Bank Reconciliation Report with Scotiabank Statement and Investment Account Statement
[6] In the event these records are to be redacted, the records will be provided to the Applicant with accompanying statements in compliance with section 13.8 of Ontario Regulation 48/01 explaining each redaction made, specifying the sections of s. 55(4) of the Condominium Act, 1998, the Board relies on for each redaction contained in the Minutes.
[7] These records will be provided to the Applicant in an electronic format.
[8] These records will be provided to the Applicant within 30 days from the date of this agreement, and no later than December 15, 2021.
b) CAT Fees
[9] Respondent will pay the sum of $75.00 to the Applicant as reimbursement of his Tribunal fees within two weeks of the date of this Order, and no later than November 29, 2021.
[10] Payment will be made by cheque.
[11] To ensure the Applicant does not pay any portion of the reimbursed expenses outlined in paragraph 9, the Applicant shall be given a credit towards the common expenses attributable to his unit in the amount equivalent to his proportionate share of this amount.
c) Case Closure
[12] 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 Request for Records dated September 20, 2021.
[13] This case has been fully resolved in Stage 2 - Mediation. This application and the issues raised therein are hereby resolved and cannot be re-opened.
COMPLIANCE
[14] 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.
|
|
|
Emile Ramlochan |
|
|
Member, Condominium Authority Tribunal |
Released on: November 15, 2021