CONDOMINIUM AUTHORITY TRIBUNAL
DATE: April 2, 2025
CASE: 2025-00070R
Citation: Moloney v. Durham Condominium Corporation No. 124, 2025 ONCAT 50
Order under section 1.47 of the Condominium Act, 1998.
Member: Nasser Chahbar, Member
The Applicant,
Maureen Moloney
Self-Represented
The Respondent,
Durham Condominium Corporation No. 124
Represented by Anita Haskell, Agent
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.
A. ORDER
[4] The Parties agree to the following terms and conditions:
1. The Respondent Corporation acknowledges that they received the Applicant’s two Request for Records forms (dated November 29, 2024, and December 3, 2024), which were not satisfied in accordance with the Condominium Act, 1998, (“the Act”) and its Regulations, to respond within 30 days via Board’s Response to Request for Records form.
2. The Respondent Corporation agrees to follow all requirements described in the Act and its Regulations, and specifically in relation to satisfying records requests going forward.
3. The Respondent Corporation shall provide all Corporation stated 'in-camera' Board meeting minutes over 24 months (November 2022 to October 2024), including all references to the Applicant, her husband, (Robert ‘Bob’ Weindorfer), and their condo units.
a) Statements explaining the reason for each 'in-camera' redaction are to be provided in writing as well, together with a reference to the statutory reason relied on for the 'in-camera' redactions; as per Ontario Regulation 48/01 Section 13.8 (1) (b). These records will be provided electronically to the Applicant at no cost, within thirty days of the date of this Consent Order.
4. The Respondent Corporation shall electronically provide the signed and dated 10-year CARMA hydro utility service contract to the Applicant, within thirty days of the date of this Consent Order at no cost to the Applicant.
5. The Respondent Corporation shall electronically provide a list with dates of the other hydro companies investigated by the Board of Directors for a hydro service contract. This will be provided to the Applicant, within thirty days of the date of this Consent Order at no cost to the Applicant.
6. The Respondent Corporation shall pay $75 Applicant’s costs + $200.00 to the Applicant within thirty days of the date of this Consent Order.
B. 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.
|
|
|
|
|
Nasser Chahbar |
|
|
|
Member, Condominium Authority Tribunal |
||
Released on: April 2, 2025