CONDOMINIUM AUTHORITY TRIBUNAL
DATE: January 17, 2022
CASE: 2021-00278R
Citation: Wilson v. York Condominium Corporation No. 133, 2022 ONCAT 6
Order under section 1.47 of the Condominium Act, 1998.
Member: Anne Gottlieb, Member
The Applicant,
Mr. Wilson
Self-Represented
The Respondent,
York Condominium Corporation No. 133
Represented by Bharat Kapoor, Counsel
CONSENT ORDER
[1] A Request for Records formed the basis of this matter before the Tribunal. The Applicant, Mr. Wilson and the Respondent, York Condominium Corporation No. 133 (“YCC 133”) have settled the issues in this case during Stage 2 and the terms are known to the parties.
[2] The parties have also agreed that YCC 133 will make available to Mr. Wilson, for pick up in the management office by no later than noon on Friday January 21, 2022, the following paper copies of these records:
• Invoice 1049 from Aztec Aluminum dated 10/05/2020
• Wilson Blanchard purchase order 68733 dated 06/12/2020
• Invoice 1059 from Aztec Aluminum dated 26/110/2020
• Wilson Blanchard purchase order 88775dated 01/25/2021
[3] The parties further agree that on a going forward basis, YCC 133 will provide Mr. Wilson with paper copies of all communication and notifications to owners, via regular mail, unless the Condominium Act, 1998, or the declaration or by-laws of the corporation, requires delivery of any document via registered mail. For greater clarity, and by way of example this will include but is not limited to newsletters, notices of owner meetings and notice of AGM (annual general meeting), the AGM package, financial documents, PICs (periodic information certificates) and all documents and communications generated by YCC 133 and sent to owners or intended for Mr. Wilson.
[4] The Tribunal therefore issues this Order on the terms agreed to by the Applicant and the Respondent as follows:
1. YCC 133 will make available to Mr. Wilson for pick up in the management office by no later than noon on Friday January 21, 2022, paper copies of the records itemized in paragraph 2 of this Consent Order.
2. On a going forward basis, and commencing December 20, 2021, YCC 133 shall provide Mr. Wilson with paper copies of all communications and notifications to owners, via regular mail, unless the Condominium Act, 1998, or the declaration or by-laws of the corporation, requires delivery of any document via registered mail.
3. The Tribunal orders that this file be closed and indicates that this case has been fully resolved in Stage 2. This application cannot be re-opened.
[5] If YCC 133 fails to comply with any terms of this order, it may be enforced by the Ontario Superior Court of Justice.
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Anne Gottlieb |
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Member, Condominium Authority Tribunal |
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Released on: January 17, 2022