CONDOMINIUM AUTHORITY TRIBUNAL
DATE: November 11, 2022
CASE: 2022-00517R
Citation: Lafortune v. Carleton Condominium Corporation No. 37, 2022 ONCAT 122
Order under section 1.47 of the Condominium Act, 1998.
Member: Nasser Chahbar, Member
The Applicant,
Susan Lafortune
Self-Represented
The Respondent,
Carleton Condominium Corporation No. 37
Represented by Graeme Macpherson, Counsel
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 34.3 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 agreed upon terms of this consent order are as follows:
1. The Parties agree that the Board of Directors shall, and will continue to, make its decisions in duly called, minuted meetings and not outside said meetings.
2. The Corporation agrees that the minutes recorded during these said meetings shall be detailed, organized and sufficient to allow the owners to understand what decisions have been made and the rationale behind these decisions, when decisions are made and what the financial basis is for the decisions (where applicable).
3. The Parties agree that the minutes of such meetings take time to be produced, finalized, and approved, which will only be possible at the subsequent meeting of the Board.
4. The Corporation shall make its approved board meeting minutes available to owners upon written request, within fifteen days of the Board’s approval of the minutes. Going forward, the Corporation will endeavour to establish a method of sharing the approved minutes on an ongoing basis to owners (via email or online medium), within fifteen days of the Board’s approval of the minutes.
5. The Corporation agrees that it is bound by the disclosure and information update requirements described in the Act and its Regulations.
6. The Parties agree that any written or verbal communication between them shall be respectful, amicable, business-like, and not demeaning or rude.
7. The Parties shall refrain from disparaging, insulting, or demeaning one another in any public forum, online or otherwise.
8. The Parties agree that the Corporation is not required to have an emergency plan as part of its record-keeping, statutory, or regulatory obligations.
9. The Corporation shall pay the Applicant’s $75.00 filing fee in respect of this application, within 30 days of the date of this consent order.
10. All Parties acknowledge that they shall absorb their own legal costs incurred in the context of this application.
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.
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| Nasser Chahbar |
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| Member, Condominium Authority Tribunal |
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Released on: November 11, 2022