Nurmi v. York Condominium Corporation No. 43, 2025 ONCAT 45

Condominium Authority Tribunal

Date: March 13, 2025 Case: 2024-00743SA Citation: Nurmi v. York Condominium Corporation No. 43, 2025 ONCAT 45

Order under section 1.47 of the Condominium Act, 1998.

Member: Roger Bilodeau, Member

The Applicant: Peter Nurmi (Self-Represented) The Respondent: York Condominium Corporation No. 43 (Represented by Natasha Mazzitelli, Counsel)

Consent Order

1In the Condominium Authority Tribunal’s online system, the Applicant and the Respondent have both agreed to settle this case in Stage 3 – Tribunal Decision.

2Under Rule 41.1 of the CAT’s Rules of Practice, the CAT can close a case in Stage 3 – Tribunal Decision if the Users agree to the CAT making a Consent Order that resolves the dispute.

3With the consent of the Users, the CAT orders that this case has been resolved, based upon the terms and conditions set out in this Consent Order.

4The Respondent had committed to providing the following records to the Applicant by way of a Settlement Agreement dated June 28, 2024 in CAT case 2024-00008R:

1. Approved LVRC Minutes for January 25, 2022, and
2. Approved LVRC minutes from November 16, 2023 to end of February 2024.

5The Respondent had further committed that if the Applicant did not receive the outstanding LVRC records on or before July 31, 2024, that it would continue to make best efforts to obtain those records from the LVRC Manager and had agreed to demonstrate to the Applicant that it was doing so every 2 months, until those records would be provided.

6The Applicant sought compliance from the Respondent with the terms of the Settlement Agreement, specifically for it to provide the abovementioned records, by filing this case 2024-00743SA on December 5, 2024.

7The Respondent now confirms that the “Approved LVRC Minutes for January 25, 2022”, as well as the “Approved LVRC Minutes for November 16 and 23, 2023”, can now be produced to the Applicant, subject only to review for redaction, as may be necessary and as provided for in the Condominium Act, 1998 (“Act”). The Respondent also confirms that the minutes of November 16 and 23, 2023 are the only LVRC minutes spanning the period between November 16, 2023 and end of February 2024.

8The Respondent will provide the records described above in paragraph 4 to the Applicant within 15 days of this Order, subject only to redaction as may be necessary.

9The Respondent will reimburse the Applicant with a cheque in the amount of $125 for the filing fee of this application, also within 15 days of this Order.

Compliance

10If either the Applicant(s) or Respondent(s) fail to comply with any of the terms of this order, it may be enforced by the Ontario Superior Court of Justice.

Roger Bilodeau Member, Condominium Authority Tribunal