CONDOMINIUM AUTHORITY TRIBUNAL
DATE: July 13, 2023
CASE: 2022-00746R
Citation: Spanton v. York Condominium Corporation No. 244, 2023 ONCAT 87
Order under section 1.47 of the Condominium Act, 1998.
Member: Monica Goyal, Member
The Applicant,
Liliana Spanton
Self-Represented
The Respondent,
York Condominium Corporation No. 244
Represented by Benjamin Rutherford, Counsel
CONSENT ORDER
[1] In the Condominium Authority Tribunal’s (CAT) online dispute resolution system, the Parties agreed to settle this case in Stage 3 - Tribunal Decision.
[2] Under Rule 43.1 of the CAT’s Rules of Practice, the CAT can close a case in Stage 3 - Tribunal Decision 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] York Condominium Corporation No. 244 (“YCC 244”) shall provide to Lilliana Spanton (“Ms. Spanton”) the approved minutes of all meetings of the board of directors from January 1, 2023, to June 30, 2023.
[5] YCC 244 shall provide to Ms. Spanton the monthly financial statements consisting of a balance sheet and statement of operations (or a “Profit and Loss” statement) from January 1, 2023, to June 30, 2023.
[6] YCC 244 shall provide to Ms. Spanton the minutes of meetings of the board of directors for any meetings that take place in the next three (3) months (that is, July, August, and September 2023). Said minutes shall be provided to Ms. Spanton as soon as possible after they are approved by the board of directors, and before the next meeting after the meeting at which they are approved.
[7] YCC 244 shall provide to Ms. Spanton the monthly financial statements, consisting of a balance sheet and statement of operations (or a “Profit and Loss” statement), for the next three (3) months (that is, July, August, and September, 2023) as soon as possible after they are prepared and, in any event, before the end of the respective following month.
[8] Ms. Spanton may provide to YCC 244 a list by email of no more than five (5) items that she alleges were addressed by the board of directors, but which Ms. Spanton says were not recorded in the minutes of the board meetings which form part of the subject matter of her record requests dated November 4, 2022, December 6, 2022, and December 12, 2022. The board of directors of YCC 244 shall address each of Ms. Spanton’s allegations/items in this regard at the next board meeting held after Ms. Spanton provides notice of the items.
[9] Ms. Spanton may provide to YCC 244 a list by email of no more than five (5) items that she alleges were addressed by the board of directors, but which Ms. Spanton says were not recorded in the minutes of the board meetings held from January 1, 2023, to June 30, 2023. The board of directors of YCC 244 shall address each of Ms. Spanton’s allegations/items in this regard at the next board meeting held after Ms. Spanton provides notice of the items.
[10] YCC 244 shall pay to Ms. Spanton the all-inclusive sum of $250.00 as reimbursement for the expenses she incurred in relation to these proceedings.
COMPLIANCE
[11] 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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Monica Goyal |
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Member, Condominium Authority Tribunal |
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Released on: July 13, 2023