CAT Decisions

CONDOMINIUM AUTHORITY TRIBUNAL

DATE: February 8, 2023
CASE: 2022-00551R

Citation: Verjee v. York Condominium Corporation No. 43, 2023 ONCAT 19

Order under section 1.47 of the Condominium Act, 1998.

Member: Sancia Pinto, Member

The Applicant,
Mariam Verjee
Self-Represented

The Respondent,
York Condominium Corporation No. 43
Represented by Evan Holt, 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]       The Applicant and the Respondent acknowledge that this Consent Order closes the Tribunal case. The Tribunal orders that this case has been resolved without a hearing on consent of the parties, based on the following terms and conditions set out in this consent order.

ORDER

[4]       The agreed upon terms of this consent order are as follows:

1.         Within 5 days of the date of this Consent Order, the respondent shall provide the applicant with the following at no cost:

                          i.          The unaudited financial statements for April 2022 (redacted as necessary and accompanied by a statement of redactions in accordance with the case law and/or Condominium Act); and,

                         ii.         The link to the audio/video recording of the May 18, 2022 AGM.

2.         Within 10 days of the date of this Consent Order, the respondent shall provide the applicant with the following:

                          i.          A cheque in the amount of $75.00 payable to the applicant representing the Tribunal filing fees; and,

                         ii.         A cheque in the amount of $300.00 payable to the applicant for the denial of access to records and to resolve all issues in this Application.

COMPLIANCE

[5]       The terms of the settlement as set out in this Consent Order shall not be treated as confidential.

[6]       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: February 8, 2023