Jack Gale v Halton Condominium Corporation No. 61, 2019 ONCAT 16

CONDOMINIUM AUTHORITY TRIBUNAL

DATE: March 28, 2019
CASE: 2019-00011R
Citation: Jack Gale v Halton Condominium Corporation No. 61, 2019 ONCAT 16

Order under section 1.47 of the Condominium Act, 1998.

Mediator: Ian Darling

The Applicant
Jack Gale
Self-Represented

The Respondent
Halton Condominium Corporation No. 61
Represented by Antoni Casalinuovo, Agent

CONSENT ORDER

1The Applicant, Jack Gale, and the Respondent, Halton Condominium Corporation No. 61, have reached an agreement to settle this case and have requested that their agreement be incorporated into a Consent Order from the Tribunal.

2Therefore, the Tribunal orders as follows:

1. The Respondent will provide to the Applicant electronic versions of the following records:

a) Monthly balance sheet for the period of January 2018 to December 2018;

b) Operating Income Statements & Reserve Income Statement for the period of January, 2018 to December, 2018.

2. The cost of $30.00 associated for the records request are to be paid by the Applicant to Halton Condominium Corporation No. 61.

3. The cost to produce the documents to the Applicant is to cover 1 hour's labour to allow for limited redaction of the record.

4. Redaction will be limited to the confidential employee information, in accordance with the provisions s.55(4) of the Condominium Act, 1998;

5. The Respondent shall produce the documents within 21 days after payment is received.

6. The Users agreed that it is appropriate for the Applicant to be able to ask questions of the corporation following the release of the records, according to the following protocol:

a. The Applicant can write to the Condominium Corporation and the corporation's Auditors regarding questions after reviewing the records.

b. The Applicant may ask questions related to the records of the Corporation at the Annual General Meeting.

c. The Applicant will be given sufficient time to raise any such questions at the Annual General Meeting.

d. This protocol does not limit the Applicant's ability to seek additional records or ask questions about additional records under the Condominium Act.

3If either the Applicant or the Respondent fails to comply with any of the terms of this Order, it may be enforced by the Ontario Superior Court of Justice.

Ian Darling
Member, Condominium Authority Tribunal