CONDOMINIUM AUTHORITY TRIBUNAL
DATE: August 14, 2023 CASE: 2023-00373SA
Order under section 1.47 of the Condominium Act, 1998.
Member: Dawn Wickett, Member
The Applicant: Peter Callaghan, Self-Represented The Respondent: York Condominium Corporation No. 242, Represented by Leza Blair, Agent
Hearing: Written Online Hearing – July 14, 2023 to August 3, 2023
REASONS FOR DECISION
A. INTRODUCTION
1The Applicant is a unit owner in the Respondent, York Condominium Corporation No. 242 (“YCC 242”). The Applicant and the Respondent were parties to case 2022-00598R which they resolved by a settlement agreement dated May 30, 2023.
2The Applicant alleges that the Respondent breached several terms of the agreement. Specifically, the Applicant alleges the Respondent breached the following terms:
The Corporation shall provide Mr. Callaghan with the president’s reports from the 2017 and 2018 AGMs within 30 days of this settlement agreement. While the Corporation does have the President/Chairperson’s reports from the 2017 and 2018 AGM, it does not have the rest and believes that they do not exist in a separate document form. However, the president’s reports were reflected in the AGMs’ minutes and Mr. Callaghan can review those to understand that information the president’s reports contained.
The Corporation shall provide Mr. Callaghan with and all-inclusive payment of $1,300 within 30 days of this settlement agreement.
The Edison reserve fund study shall be provided to all unit owners, including Mr. Callaghan, within 14 days of being finalized.
[7] This Settlement Agreement is confidential, meaning that all Parties and their representatives are not allowed to:
- Share this Settlement Agreement with others
- Publicly post this Settlement Agreement in any form
- Tell others about the details of this Settlement Agreement
3The Applicant requests an order from the Tribunal directing the Respondent to comply with the terms of the settlement agreement. The Applicant also requests that the Tribunal order a penalty against the Respondent for failing to provide him with the records by the deadline set out in the settlement agreement and an order compensating him for damages for having breached the terms of confidentiality. In addition, the Applicant seeks an order for the Respondent to reimburse the fee of $125 paid to file this application, and $330 which is the fee paid to the Respondent for producing the records.
4The Respondent does not dispute that it breached terms 2 and 3 of the settlement agreement. The Respondent’s agent indicated that the breaches were inadvertent. They rectified the breaches by providing the Applicant the records and the payment when they received notice of this hearing. The records and payment were provided to the Applicant on July 7, 2023. Regarding term 5, the Respondent submits that the report was finalized on June 23, 2023, and provided to unit owners and the Applicant within the deadline set out in the settlement agreement. Regarding the issue of confidentiality, the Respondent takes the position that the information posted was “no confidential information of any materiality”.
5For the reasons that follow, I find the Respondent breached terms 2 and 3 of the settlement agreement 2022-00598R. I further find that the Respondent did not breach terms 5 and 7 of the settlement agreement. As the Applicant was successful, I will order the Respondent to reimburse him $125 for the cost of filing this application. I decline to make an order for compensation. Regarding the issues of penalty and the fee paid for producing the records, I do not have the authority to impose such orders in the context of this case, which is about compliance with a settlement agreement.
B. ISSUES AND ANALYSIS
Issue No. 1 - Did the Respondent breach terms 2, 3 and 5 of the settlement agreement?
6The Respondent’s representative for case 2022-00598R was their Counsel, and not the agent in this matter. On June 16, 2023, the Respondent’s Counsel sent an email to the Applicant that she was aware of the deadlines and was going to abide by the terms of the settlement agreement. When the deadlines passed, the Applicant never received the records or payment. As such, on July 6, 2023, the Applicant filed this application with the Tribunal.
7The Respondent’s agent submitted that this matter could have been resolved without a Tribunal hearing had the Applicant sent an email to YCC 242.
8The Applicant testified that based on the June 16, 2023, email from the Respondent’s Counsel, he had no reason to believe that they were not aware of the deadlines set out in the settlement agreement, or that he needed to follow up with an email. The Applicant testified that the Respondent has a persistent history of not providing records within the prescribed time as set out in the Condominium Act, 1998 (the “Act”).
9The Respondent does not dispute that it failed to provide the Applicant with the records and payment by the deadline (June 29, 2023) set out in terms 2 and 3 of the settlement agreement. The Respondent provided the Applicant with the records and payment on July 7, 2023. This was one day after the Applicant filed this application.
10The Respondent’s agent submitted that the record identified in term 5 of the settlement agreement was finalized and signed by the board on June 23, 2023. It was distributed to the owners on June 27, 2023, and a copy was given to the Applicant on July 7, 2023. As such, the Respondent complied with the deadline of providing the record to all unit owners, including the Applicant within 14 days of being finalized. A copy of the finalized record was submitted in evidence and confirms the board signed it on June 23, 2023.
11Based on the evidence before me, I find the Respondent breached the terms 2 and 3 of the settlement agreement. In making this finding, I considered the fact that the Respondent does not dispute that it did not provide the Applicant with the records and payment by the deadlines set out in the settlement agreement. Given the Respondent has provided the Applicant with the records and payment, there is no requirement for