Hospodar v. Peel Condominium Corporation No. 282, 2024 ONCAT 6

Condominium Authority Tribunal

Date: January 9, 2024
Case: 2023-00514R
Citation: Hospodar v. Peel Condominium Corporation No. 282, 2024 ONCAT 6

Order under section 1.47 of the Condominium Act, 1998.

Member: Celia Chandler, Member

The Applicant: Tom Hospodar, Self-Represented
The Respondent: Peel Condominium Corporation No. 282, Represented by Brian McKrow, Agent

CONSENT ORDER

1In the Condominium Authority Tribunal’s (CAT) online dispute resolution system, the Parties agreed to settle this case in Stage 2 - Mediation.

2Under 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.

3With 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

4The Respondent, Peel Condominium Corporation No. 282 (“PCC 282”), shall deliver copies of the following unredacted records to the Applicant, Tom Hospodar:

1. All Invoices from G. Edick & Sons (“Edick”) for the period stated in the Request for Records.
2. A reproduction of the Accounts Payable journal for Edick for the same period.
3. A copy of the contract between PCC 282 and Edick.
4. The Full and Final Release between PCC 282 and Edick.

5PCC 282 shall deliver copies of the following further records to the Applicant:

1. The Engagement Letter and Representation Letter for the 2022 audit of PCC 282.
2. A statement from PCC 282 stating that the scope of the 2022 audit did not have to be expanded.
3. All correspondence or other records from the auditor advising PCC 282 why the audit was delayed, placed on hold, and/or temporarily stopped and audit fees increased for the 2022 Audit as the Corporation communicated to the owners.

OR

A written statement from PCC 282 that no such correspondence or other records exist.

6The Applicant shall pay the Respondent $143.50 (including HST) by cash or by cheque paid to the order of Nadlan-Harris Property Management Inc. The amount is calculated on the basis of 3.5 hours of search and preparation time at a rate of $41.00 per hour.

7If the cheque is certified or if the Applicant provides cash, the Respondent shall deliver copies of the records within 30 days of receipt of funds. If the cheque is uncertified, the Respondent shall deliver copies of the records within 30 days of confirmation that the Applicant’s cheque has cleared the banking system.

COMPLIANCE

8The terms of this settlement as set out in this Consent Order shall not be treated as confidential.

9If 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.

Celia Chandler
Member, Condominium Authority Tribunal