St. Louis v. York Condominium Corporation No. 42, 2021 ONCAT 41

CONDOMINIUM AUTHORITY TRIBUNAL

DATE: May 11, 2021 CASE: 2021-00065R

Citation: St. Louis v. York Condominium Corporation No. 42, 2021 ONCAT 41

Order under section 1.47 of the Condominium Act, 1998.

Member: Anne Gottlieb, Member

The Applicant, Patricia St. Louis Self-Represented

The Respondent, York Condominium Corporation No. 42 Represented by Baharat Khapoor, Counsel

CONSENT ORDER

1The Applicant, Ms. St Louis and the Respondent York Condominium Corporation No. 42 have reached an agreement to settle this case during Stage 2- Mediation. Each has consented that their agreement be incorporated into a Consent Order before the Tribunal closes the case.

2The Tribunal therefore issues this Order on the terms agreed to by the Applicant and the Respondent as follows:

1. A Request for Records dated January 18, 2021 is the basis of this matter before the Tribunal.

2. The Applicant and Respondent agree that a sum of money has been paid by the Applicant to the Respondent, on April 30 ,2021. This sum represents the full amount agreed to by the parties for the delivery of the requested records and takes into account all monies to be exchanged in respect of this matter before the Tribunal. The amount will remain confidential between the parties and will not be a precedent for any other Request for Records.

3. Within 15 days of the date of payment by the Applicant, the Respondent has agreed to provide the Applicant with the following records, via electronic delivery, (email):

a. The current plan for future funding of the reserve fund;

b. All management fee invoices from 2018 and 2019 to December 2020;

c. All accounting fee invoices from 2018;

d. Transaction details for account 6000 & 6002 for management and accounting fees from 2018 to 2020;

e. Preliminary Notice of Meeting of Owners from May 16 2019, June 27, 2019 & Sept 13, 2019;

f. Copy of the security site orders for 2020 (G4S);

g. Property Insurance policy 2021;

h. Transaction detail by account (4109) for all plumbing charges 2018, 2019, 2020;

i. Transaction detail by account (4142) for pest control 2018, 2019, 2020;

j. October 15, 2019 Board Minutes.

4. For the sake of greater clarity, the property insurance policy referred to in paragraph 3(g) above, refers to the entire policy and not just an insurance certificate. The security site order referred to in paragraph 3(f) above, refers to the site orders that both York Condominium Corporation No.42 and the security company G4S contractor agreed on for both level 1 and level 3 guards (in the last few months of 2020).

5. If the Respondent fails to comply with any terms of this order, it may be enforced by the Ontario Superior Court of Justice.

Anne Gottlieb

Member, Condominium Authority Tribunal