CONDOMINIUM AUTHORITY TRIBUNAL

DATE: November 25, 2021
CASE: 2021-00297R

Citation: Chen v. Waterloo Standard Condominium Corporation No. 646, 2021 ONCAT 112

Order under section 1.47 of the Condominium Act, 1998.

Member: Emile Ramlochan, Member

The Applicant,
Wei Chen
Self-Represented

The Respondent,
Waterloo Standard Condominium Corporation No. 646
Represented by Ilirjan Bimo, Agent

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.

[5]       Within 30 days of the date of this Order and no later than December 29, 2021, the Corporation will provide the Applicant with the following records:

•         Condominium Corporation rules

•         Minutes of Board meetings held between July 5, 2020 and July 5, 2021

•         Record of owners and mortgagees

•         Management agreement between WSCC 646 and Stonehill assets and property management from October 1, 2019 – July 5, 2021

•         Meeting minutes of how the board decided to use Stonehill assets and property management Ltd as the management company from October 1, 2019, to July 5, 2021

•         Financial statements inclusive of, but not limited, Financial statements/reports (including a breakdown of monthly income statements) for the year-ending February 29, 2020, and the year-ending February 28, 2021

•         Management agreement between WSCC 646 and Ilirjan Bimo – January 1, 2021

•         Agreement(s) between WSCC 646 and Fortune 18 Management Company Ltd. as the In-Suite Housekeeping service provider

[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]       The records will be provided to the Applicant in an electronic format.

CAT fees

[8]       Respondent will pay the sum of $75.00 to the Applicant as reimbursement of her Tribunal fees within two weeks of the date of this Order, and no later than December 9, 2021.

[9]       Payment will be made by cheque.

Case closure

[10]    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 five Request for Records dated April 12, 2021, May 22, 2021, July 5, 2021, July 9, 2021, and August 13, 2021.

[11]    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

[12]    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: November 25, 2021